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(영문) 서울서부지방법원 2013.10.07 2013고정2190

사문서위조등

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 1, 201, the Defendant forged private document: (a) indicated “C” in the location column of the real estate lease contract printed in the carter located in “C” located in the Namyang-si, Namyang-si, Gyeonggi-do; (b) “66,200” in the land category column; (c) “66,200,000” in the deposit column; and (d) indicated “F million,000” in the remainder column; (c) “F,” “F,” “H,” “F,” and “H” in the resident registration number column of the lessor’s address column; and (d) affix the above H seal attached thereto.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in the name of H, a private document on rights and obligations.

2. On April 1, 2011, the Defendant: (a) delivered one copy of the forged real estate lease contract to the employees of the tax office having no knowledge of the forgery as if it were a document that was duly formed; (b) around April 1, 201, the Defendant used the forged real estate lease contract as mentioned above in the Namyang-si, Seoyang-si, Dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on the monthly rent contract for real estate (five pages) and the lease contract for real estate (34 pages of investigation records);

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act (the occupation of exercising a falsified investigation document and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;