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(영문) 창원지방법원 2020.04.22 2019고단3943

사문서위조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a co-owner of the studio Bud building in Kimhae-si, thought that the contract date for the extension of the loan for KRW 370,00,000 that was loaned from C as collateral to the above building, was lower than the actual amount of the lease deposit set up at the studio of the above building, and used the lease deposit in favor of the extension of the loan.

1. On February 2019, the Defendant forged private document: (a) at the E Licensed Real Estate Agent Office located in D, Kimhae-si, with a computer located in D for the purpose of uttering, the Defendant printed out the monthly rent contract form for real estate (multi-family house) with the name of “10,00,000 won (10,000 won), 10,000 won (40,000 won), 5,000 won (5,000), 350,000 won (350,000 won) with the name of F; and (b) with the name of F’s seal affixed thereto, the Defendant printed out the name of F’s address, resident registration number, telephone number, name, etc.; and (c) with the seal affixed thereon.

As a result, the Defendant forged a monthly rent contract for real estate(multi-family) in the name of F, a private document on rights and obligations.

2. On February 2019, the Defendant: (a) concluded a loan contract under paragraph (1) with H located in Busan High-gu G in Busan High-gu on February 2, 2019; and (b) exercised a copy of the monthly rent contract, which was forged as described in paragraph (1), with I, an employee who is aware of the forgery, as an employee, as a staff member, exercised the copy of the monthly rent contract.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F, and statement of the police witness or reference to I;

1. Application of Acts and subordinate statutes on real estate monthly rent contracts, real estate prepared at will by a suspect, and statutes on monthly rent contracts;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 234 and 231 of the Criminal Act (the occupation of an event of a falsified investigative document), and Article 231 of the Criminal Act, respectively;