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(영문) 대구지방법원 2016.01.29 2015고정1949

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 24, 2015, the Defendant forged private documents: (a) on the paper of a real estate lease agreement in Daegu Suwon-gu BF 3001, the Defendant entered the matters of the special agreement in the form of the official approval color pen; (b) on the location column, the Defendant entered the name “F 301,000,000 won” in the deposit column; (c) on the fiveth day of each month in the rent column; (d) on the lessor’s address column, entered the name “C 104,000 won” and “D” in the name column; and (e) marked the Defendant’s name adjacent to D.

Accordingly, for the purpose of exercising, the Defendant forged one chapter of a real estate lease agreement in the name of D, a private document on rights and obligations.

2. The Defendant, at the time and place specified in the preceding paragraph, sent a copy of the forged real estate lease agreement to E, who is aware of the forgery, as if it were the document duly formed.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of 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;