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(영문) 창원지방법원 밀양지원 2018.02.20 2017고정212

사문서위조등

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal record] On April 2, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Changwon District Court (Seoul District Court), which became final and conclusive on July 17, 2015.

[2] The Defendant, who was employed as the office chief of the office of housing management office B in Gyeongnam-gun, Gyeongnam-gun, and was delegated by the lessor with the authority to conclude a real estate lease agreement, concluded a monthly rent contract with the lessee, and concluded a monthly rent contract with the lessee to the amount lower than the actual payment, and subsequently forged the monthly rent contract under the name of the lessee and paid only a part of the deposit received from the lessee to the lessor, and acquired the difference.

1. On February 19, 2014, at the above B Housing Management Office around February 19, 2014, the Defendant of a private document forgery written a written indictment as “F” in the column of deposit for a real estate lease contract by using a computer, “one million won in the column of rent (including management expenses)”, and “C” in the lessee’s name name column. However, in light of the records, this is obvious that it is a clerical error as stated in the judgment, and thus, it is corrected ex officio.

(hereinafter the same shall apply)

After indicating "A", C arbitrarily affixed C's seal by using the assembly-type tool that was inscribed in advance on the side of the C's name.

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

2. The Defendant exercised the aforementioned investigation document as if he were duly formed a forged real estate lease agreement as stated in the foregoing paragraph 1 with D, who was aware of the forgery, at the time, at a place under the foregoing paragraph 1.

3. The Defendant, at around February 2014, concluded a lease agreement with the lessee, who was the lessor of the instant B’s housing management office, and was the lessor of the instant building No. 302, 300,000,000, monthly rent of KRW 350,000,000.

After obtaining the consent to enter into a lease agreement upon the word “B,” deposit with C, the lessee, 20 million.