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(영문) 대구지방법원 2018.11.07 2018고정903

사문서위조등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was living in the middle-gu C4th floor of Daegu, Daegu, as the tenant, between the Chinese nationality B and the family of the legal couple.

1. On March 2016, the Defendant drafted a false real estate lease agreement in which the deposit amount was partially changed to KRW 30,000,000,000,000 for the purpose of applying for naturalization, even though the Defendant leased the said place to KRW 3 million in Daegu-gu, Daegu-gu and drafted a real estate lease agreement, for the purpose of applying for naturalization.

Accordingly, the Defendant forged one Chapter of the Real Estate Lease Contract, which is a private document on rights and obligations by stealing another's name for the purpose of exercising the right.

2. On March 31, 2016, the Defendant: (a) filed an application for permission of naturalization at the Daegu-gu Immigration Control Office located in the 71st degree of the same Dong-gu, Daegu-gu; and (b) submitted a copy of the forged real estate lease agreement as the document attached thereto, as if it were the document duly formed.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions concerning facts constituting an offense, Articles 231 (Counterfeit of Private Document), 234, 231 (Uttering of Private Document) of the Criminal Act, and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.