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(영문) 서울북부지방법원 2016.11.23 2014고단3326
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

640,000 won of the costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

The defendant has been in charge of soliciting buyers by using the position of the president of the agency for sale in lots D.

E has an overall control over sales agency as the representative director of the above D.

The F Co., Ltd. (hereinafter referred to as the “F”) constructed a building in Dongdaemun-gu Seoul Metropolitan Government G, H, and I located from October 2004, and entrusted the ownership of the commercial building to a land trust for the ownership of the commercial building, and sold the building in lots on August 4, 2009, and entered into a sales agency contract with D representative E for the 21 commercial buildings unsold in lots.

If the main contents of the sales agency contract for the unsold commercial buildings in D are the F and the buyer of the unsold commercial buildings, the F prepared a direct sales contract, and received and managed the sales price, and D merely received the sales agency fee by 5% of the sales price. Therefore, D did not have the authority to directly conclude a contract with the buyer or to collect and manage the sales price, such as changing the terms and conditions of the contract, and down payment, without the approval of the executor in D.

Nevertheless, the Defendant, along with E, has failed to perform the sale business of unsold stores in lots, forged the sales contract as if the Defendant and E received the sale from F, and displayed it to the buyer, and agreed to enter into the contract with the victims by means of real estate exchange and to acquire the exchange balance, etc. as if the sales contract was actually prepared and the Defendant and E had the right to dispose of the commercial buildings.

1. The Defendant forged private documents together with E, and around July 201, at the K Licensed Real Estate Agent Office located in Dongdaemun-gu Seoul Metropolitan Government, “1st floor, 108”, “30,000,000” in the column for indication of real estate in the column for indication of real estate by using a verification color pen on the form of JJ shopping district sales contract located in Dongdaemun-gu Seoul Metropolitan Government, and “201,5,19” in the column for payment date and amount down payment.

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