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(영문) 서울서부지방법원 2019.03.13 2018고단3822
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 23, 2015, the Defendant was sentenced to a suspended sentence of two years for ten months of imprisonment with prison labor due to a crime of attempted fraud, or a crime of evading compulsory execution at the Seoul Western District Court on December 23, 2015, and the judgment became final and conclusive on December 31, 2015.

【Criminal Facts】

In around 197, the Defendant recommended B’s husband C to receive a successful bid price on the Eunpyeong-gu Seoul Metropolitan Government D Building E (hereinafter “the instant building”) while being awarded a successful bid on the following occasions: (a) the Defendant received transfer of KRW 50 million from B to receive a successful bid on the said building; and (b) had registered the said building under B around May 24, 1997; (c) thereafter, the Defendant returned money to B (the victim is not lower than the end of the Defendant (the victim is residing in Busan); and (d) upon the request of the Defendant, the Defendant sent money to B on July 1, 1997. However, even if the above building was leased to B as security, the transfer registration is delayed even after repeated promotion.

In the end, the registration was transferred in the name of the defendant who was the defendant at around October 28, 2005.

On the other hand, the defendant prepared three documents (the lease contract in April 23, 1998, the lease contract in March 19, 2004, the lease deposit contract in March 19, 2004, and the lease deposit transfer contract in March 19, 2004) which verified B as lessor B without permission while keeping the registration of the building in the name of B from October 28, 2005. Thus, the defendant was sentenced to a fine of three million won for the crime of forging private documents (Seoul Western District Court Decision 2007Da9385 delivered on June 29, 2007), and B did not know such a series of circumstances.

The Defendant, around February 28, 2012, concluded the instant building without permission under the foregoing circumstances. The Defendant dated March 19, 2004.

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