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(영문) 부산지방법원 2016.12.23 2015고정4550

사문서위조등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Around January 9, 1988, the Defendant purchased the land of 694 square meters prior to C and registered the ownership transfer in D name with the title of title trust of the said real estate to Dong residents D. In order to move the said real estate to his/her father’s E name, the Defendant was able to create a real estate sales contract for KRW 100 million in the purchase price and to verify the fact of sale and purchase.

1. On September 21, 2013, the Defendant forged private documents: (a) Before borrowing KRW 35 million on December 5, 1989 in advance using a paper pen with the G real estate office located in Busan Jung-gu, Busan, for the purpose of uttering at the G real estate office on September 21, 2013; (b) on December 5, 1989; (c) on October 5, 1993, the 30th day of each month; (d) borrowed KRW 15 million on October 5, 1993; and (d) interest shall be the 15th day of each month. The interest shall be borrowed on the condition of borrowing KRW 307 (D), KRW 5 million on April 5, 1998, and provisional registration.

Busan Jung-gu I had the seal of D in advance on the loan certificate stating JD respectively.

Accordingly, the Defendant forged three copies of the loan certificate in the name of D, which is a private document on rights and obligations.

2. On February 2015, the Defendant held the following: (a) the transfer income tax and the public official in charge of not knowing the forgery in the middle and middle-gu Busan District Tax Office: (b) as stated in paragraph (1), he/she held the following: (c) as if he/she was a document duly formed, three copies of the forged loan certificate.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and K;

1. Results of verification on the original of each loan certificate;

1. A copy of a real estate sales contract, a certificate of content, and a seal imprint registration column;

1. Application of statutes to the register of land;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, and Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

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