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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
1. On November 2010, at the third shopping mall sales office of the building in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendants made a false statement to the victims D, stating, “The co-owners of the commercial building have been delegated sale by E/F, will sell 304 commercial buildings, and will pay the down payment and the intermediate payment.”
However, since the common owner E/F did not have been delegated the sale of commercial buildings, there was no intention or ability to sell 304 commercial buildings even if he/she receives money from the victim.
In collusion, the Defendants received KRW 100,000,000 in cash from the victim, i.e., the victim, and received KRW 20,000,000 in cash around January 201, and KRW 20,000 in cash around March 201, respectively, as the sales contract deposit of KRW 304 in commercial buildings, and around August 4, 201, the Defendants received KRW 100,000 in cash as the sales payment of KRW 304 in commercial buildings.
2. Forgery of private documents and the display of private documents;
A. On August 4, 2011, the Defendants conspired, at the third floor sales office of the building in Yeongdeungpo-gu Seoul Metropolitan Government, requested D to submit documents related to sales delegation, and exercised them for the purpose of exercising, by entering D as “E and F” in the letter of delegation column, and affixing E and F seals on each side of the name, forged a letter of delegation in the name of E and F, a private document concerning rights and obligations, and, in other words, issued a forged letter of delegation in the name of E and F, to D who is unaware of the forgery.
B. On February 16, 2012, the Defendants conspired and received a demand to deliver the sales contract for commercial buildings from D, which already paid KRW 100 million under the pretext of the sales contract deposit and intermediate payment with respect to 304 commercial buildings, to the sales contract for commercial buildings. For the purpose of exercising, the Defendants entered the name of “E and F” in the seller column of the sales contract for commercial buildings and affix their seals on E and F’s name.