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(영문) 청주지방법원 2014.05.22 2013고단1842

사기미수등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 25, 2004, the Defendant: (a) determined each deposit amount of KRW 2 million and monthly rent of KRW 2,50,000; (b) leased each room to D; (c) sold the above building to E on May 15, 2005.

Since then, D, upon the termination of the above lease term, the owner E of the new building, who was returned the deposit amount of 4 million won from D, and the Defendant forged D’s certificate, content certificate, etc., and submitted the forged document to E’s heir and court as if it were the document duly formed. As such, E’s heir and court were entitled to file an application for the payment order for the return of the deposit for lease to D.

1. Forgery of private documents;

A. A. Around September 2012, the Defendant: (a) had the employees of the said office, who were unable to know the name at H agency run by G with the F1st floor in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, prepare a document containing “written confirmation” using a tampial pen in blank; (b) 4 million won per each deposit amount of 2 million won on February 25, 2005 on the date of the contract; and (c) written the document stating “D”.

Then, the Defendant assembled the seal of “D” in the name of “D” at the K office operated by the J in the first floor of Cheongju-si, using the fabricated seal in its place, and affixed a seal on the name side of “D”.

Accordingly, for the purpose of exercising authority, the Defendant forged a written confirmation of the name D, which is a private document related to a certificate of fact.

B. On September 30, 2012, the Defendant: (a) around September 30, 2012, at the M Office located on the 02nd floor, the Defendant: (b) had the N of the said office’s employees N of the said office using a computer; and (c) on February 25, 2004, the terms of the real estate lease agreement entered into with the lessor A with the lessor as of February 25, 2004, a lessee with respect to KRW 102 and KRW 103,00,000.