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(영문) 대구지방법원 상주지원 2013.09.24 2013고정77

사문서위조등

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant decided to enter into a lease agreement with C on the second floor among the third floor buildings located in D at the time of door-to-land owned by C, and paid the down payment of two million won to C, and notwithstanding the fact that the right to lease was not delegated by C, the Defendant was willing to recover two million won already paid to C by means of preparing a lease agreement using the name of C, and the cost of investment in facilities of the above building was collected by the Defendant.

1. On September 1, 2012, the Defendant forged private documents: (a) entered into a lease agreement with E at the “F office located on the first floor of the building above the building; (b) entered into the “place” of the site for the real estate lease agreement with E; (c) entered the “place” in the “place of the site for the real estate lease agreement” into the “place of the site for the “place of the second floor Gogle D2,” and the “lease” into the “place of the second floor entertainment drinking house room”; (d) the “one million” in the “deposit”; and (e) the “one thousands” in the “lease”; and (e) the “Seoul-do Gyeonggi-do H apartment No. 40-303”; and (e) put the “C’s seal kept in custody prior to the name

As a result, the Defendant forged one copy of the real estate lease agreement in the name of C, a private document on rights and obligations for the purpose of uttering.

2. The Defendant: (a) delivered forged real estate lease agreement to the above E, who was aware of the forgery at the time and place specified in paragraph (1), as if it were genuine; and (b) exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements of the police suspect interrogation protocol of the defendant

1. Statement to C by the police;

1. Application of existing Acts and subordinate statutes of lease agreement;

1. Relevant Article 231 of the Criminal Act and Articles 231 and 234 of the Criminal Act concerning the crime, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;