beta
(영문) 인천지방법원 2017.05.19 2017고정223

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. During the period from November 17, 2012 to December 28, 2012, the Defendant: (a) had the Defendant enter the name of the employee of the Defendant (including the Defendant’s children C) in the form of a real estate lease agreement using a computer into a lessee F and the lessee’s loan agreement form, and entered the lease agreement form into between 36 months and 150,000 won and 30,000 won per month into the lessee F and the lessee’s loan agreement form; and (b) had the said company sealed in advance stored in the lessor’s loan agreement form.

Accordingly, the defendant has forged one copy of the real estate lease agreement in the name of the private document No.D, which is a private document concerning rights and obligations for the purpose of exercising.

2. On December 28, 2012, the Defendant: (a) had a tax accountant H report the correction of the registration of a business operator in the Incheon Tax Office located in the Dong-gu Incheon Metropolitan City, Dong-gu, Incheon; (b) had a public official under the name of the Plaintiff, who is aware of the forgery, deliver the forged real estate lease agreement as if it was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each prosecutor to H and C;

1. Each police statement concerning I, J, K, and L;

1. Application of Acts and subordinate statutes to a report on investigation (Details of Incheon Tax Offices Answer);

1. Relevant legal provisions concerning criminal facts, Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Article 234 of the Criminal Act (the point of exercising the above investigation document), 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;