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(영문) 인천지방법원 2012.09.07 2012고합321
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

1. On October 13, 2009, the Defendant: (a) borrowed KRW 200 million from AA to deliver a promissory note of KRW 242 million in the collateral; and (b) could not be repaid until January 15, 2010, which is the due date after the issuance of the said promissory note of KRW 242 million in the collateral; (c) as if the right to dispose of the real estate owned by another person was delegated, the Defendant made a proxy form as if he was delegated the right to dispose of the real estate owned by another person; and (d) prepared a sales contract as a proxy and delivered it to AA as a collateral and received an extension of the due date for payment.

Around January 14, 2010, the Defendant prepared qualification-based private documents, in the management office of the “C QA building” located in the DaO located in Incheon Strengthening-gun, Incheon Metropolitan City, the indication of real estate in the “real estate” column in the “real estate sales contract form,” the “Seoul Metropolitan City reinforced M&, L,” the “sale Price” column, and the “seller” column, the “Seoul YAG, 3 others,” and the “Seoul AD (State) representative AC representative A” indicated the Defendant’s seal on the name of the above A.

Accordingly, for the purpose of exercising, the Defendant prepared a copy of a real estate sales contract, which is a private document concerning rights and obligations, by gathering the qualification of a representative of G and three others (H, F, and E).

B. At the time and place indicated in paragraph (1), the defrauded presented a letter of delegation to the victim A, including G forged G, etc., and made a false statement as if he/she was delegated with the power to sell the land and L, Incheon Metropolitan City reinforced Ma, which was delegated with the power to sell the land.

However, the defendant did not have been delegated with the power to sell from the owners of the above land.

Accordingly, the Defendant deceivings the victim as above, and is extended from January 15, 2010 to March 15, 2010 by the due date for the payment of the bill.

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