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(영문) 의정부지방법원 고양지원 2021.02.03 2020고정791

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant and B are those who have worked as a certified broker at the D Authorized Broker's Office in Gyeyang-gu Seoul Metropolitan City.

The Defendant and B conspired to prepare a monthly tax contract as if they were converted into monthly tax contracts, and to deliver the monthly tax contract to E and to receive the refund of the pre-tax deposit.

Around December 21, 2014, the Defendant and B conspired to enter in the foregoing office as the deposit money (5,000,000), the deposit money (480,000), the rent (480,000), and the lessee’s “F” in the “real estate monthly rent contract” using a computer and were in possession of F name.

Around June 14, 2016, after sealing the F’s seal, issued it to E, and written a “real estate monthly rent agreement” in the name of F in the same manner as that of the above office, and delivered it to E.

As a result, the Defendants conspired to forge two copies of the monthly rent contract in the name of F, a private document on the duty of rights, and each deliver them to E without knowledge of the fact.

Summary of Evidence

1. Statement of the police concerning F in the protocol of interrogation of the police against the defendant's legal statement 1 B;

1. Application of Acts and subordinate statutes on the lease of real estate to each real estate monthly rent contract;

1. Relevant provisions of the Criminal Act and Articles 231, 30 (Counterfeit of private documents), 234, 231, 30 (Exercise of Private Documents) of the Criminal Act, and the selection of fines for the crimes;

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;