(영문) 의정부지방법원 2015.12.14 2015고단2230

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(영문) 의정부지방법원 2015.12.14 2015고단2230

사문서위조등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 27, 2014, the Defendant forged private documents without obtaining D’s permission for the purpose of uttering in Creal estate that the Defendant works in Spocheon-si, Spocheon-si, and without obtaining D’s permission, marked “402 square meters in the column for the location of the site where the real estate sales contract was located”, “Thacheon-si, Epo-si, Spotent (75,00,000) in the purchase price column,” and marked “E portion of approximately 402 square meters in the column for the special terms and conditions,” and marked “F in the seller’s address column,” “D” in advance, and affixed D seal.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the real estate sales contract in the name of D, which is a private document on rights and obligations.

2. The Defendant: (a) delivered the forged real estate sales contract to H, a representative of G, who is aware of the forged real estate sales contract at the time and place of the foregoing paragraph; and (b) exercised it as if the contract was duly formed.

3. The defrauded concluded a sales contract with the victim G’s agent on the date, time, and place of the above paragraph (1), and concluded a sales contract on the said land with H, and the said H fraudulently stated that “The Defendant was authorized to conclude a sales contract and receive the sales price from D, the nominal owner of the real estate.”

However, there was no intention or ability to transfer the ownership of the real estate to the victim because the defendant is not aware of D at all and there was no delegation of authority to sell the real estate.

The Defendant received KRW 25 million from the victim as the down payment on March 27, 2014 from the victim to the agricultural bank account in the name of the Defendant, and transferred KRW 30 million as the intermediate payment on April 11, 2014 to the agricultural bank account in the name of the Defendant under the name of the Defendant.

Accordingly, the defendant was given a total of KRW 5 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of the defendant against the police prosecutor, J, H, and G.

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