[2016 Highest 6336]

1. A crime committed against the victim C ( lessor) or D;

A. (1) On August 2010, the Defendant: (a) indicated the name of the delegating Party C in the column of “FC”, “FC”, “H real estate A located in Seo-gu Incheon City, Seo-gu, Incheon, and “C” and “C” and “C” in the column of delegation to an agent column; and (b) stated the name of the delegating Party C in the column of delegation to an agent.

C’s painting was stamped.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of C, a private document on rights and obligations.

(2) 부동산 임대차 계약서 위조 피고인은 2010. 8. 28. 인천 서구 G에 있는 H 부동산 사무실에서 부동산 임대차 계약서 양식에 부동산의 표시란에 ‘ 소재지 : 인천광역시 서구 E 3 층 독채’, 계약 내용 란에 ‘ 보증 금 參阡萬( \30,000,000) 계약금 參百萬, 영 수자 (A), 잔 금 貳阡七百萬 원정은 2010년 9월 7일에 지불한다.

“The address: Seo-gu, Seo-gu, Incheon: F, resident registration number: F, name: C; and in the column of lessee, “I: Name of resident: D” and “B” were held in advance following the lessor’s name.”

C’s painting was stamped.

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

B. The Defendant, at the same time and at the same place, delivered a forged letter of delegation and a copy of the real estate lease agreement to lessee D, who is aware of the forgery, as seen above, as if they were the document duly formed.

(c)

The Defendant does not have any fact that he/she was entrusted with the real estate lease contract by C, the owner of the said real estate at the same time and place.