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(영문) 서울중앙지방법원 2012.11.14 2011고정5612

사문서위조등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On May 3, 2007, the Defendant stated C and D as “Seoul Seocho-gu E, “202,” “200,000,000 won in the column for the seat of the real estate sales contract form”, “135,00,000 won in the purchase price column”, “temporary payment, May 30, 1994,” and “A substitute F, May 30, 1994” to the buyer column. < Amended by Presidential Decree No. 14487, May 30, 1994>

However, in fact, the buyer of the above contract was prepared by F, not F, D, and F was already dead in the middle of May 2007, when the contract was actually prepared by F. Therefore, the defendant did not have granted the power of representation to F.

As a result, the Defendant forged documents regarding the verification of legal relations, which is the existence of the networkF’s power of representation.

Furthermore, on May 2007, the Defendant filed a lawsuit against the said D with the Seoul Central District Court for the registration of ownership transfer under the above 202, and held the said F’s name by submitting a real estate sales contract where the name of said F was forged.

Summary of Evidence

1. Witnesses D and C's respective legal statements;

1. Statements made by witnesses D in part of the second trial records;

1. Some of the copies of each protocol of examination of the witness, defendant D, G, and C, as to the witness;

1. Some statements made in relation D concerning the examination of suspects (including the cross-examination part) by the prosecution;

1. A complaint;

1. Application of each judgment, real estate sales contract, and protocol of compromise;

1. Article 231 of the Criminal Act and Articles 234 (Selection of Fine for Negligence)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;