beta
(영문) 서울서부지방법원 2016.02.17 2015고단3031

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 193, the Defendant: (a) from around 1993, leased Yongsan-gu Seoul, Yongsan-gu, Seoul, a building owned by C, operated a restaurant business in the name of “E”; (b) the management of the restaurant business has deteriorated to the extent that it is not possible to provide a restaurant employee’s benefits; and (c) the rent deposit, which can be refunded from the above C due to the prolonged default of monthly rent, remains rare; (d) forged the lease agreement under the name of C, provided it to the creditor as collateral and received money

1. On June 2009, the Defendant: (a) stated in the form of a real estate lease agreement that was sought through a nearby real estate brokerage office located in Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu and the second floor Defendant’s dwelling in the area of Yongsan-gu, Seoul Special Metropolitan City; (b) stated in the column located in the official approval color pen, “Tl million won” in the previous rent guarantee column; (c) stated in the monthly rent guarantee column; (d) “C million won” in the contract date column; and (e) marked in the lessor column as “C” and affixed a three-dimensional seal prepared in advance to the lessor’s name.

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

2. On June 10, 2009, the Defendant: (a) borrowed KRW 17 million from F at the office of mutual infinite bonds located in the New-dong, Seodaemun-gu, Seoul; and (b) submitted to F and the employees of the office of an infinite company, who knew of the forgery, one copy of the forged real estate lease agreement under the name of C, as if it was duly constituted, as described in paragraph (1) above.

3. The defrauded concluded at the time, place, as described in the above paragraph 2, that “The Defendant would pay 3% interest per month on a loan to the victim F, and pay by September 10, 2009, the Defendant would offer as security KRW 70 million on a limited-type D-type lease deposit in Yongsan-gu Seoul Metropolitan Government.”

However, the fact is that the actual rent deposit of the above “E” did not reach that, and the monthly rent was unpaid for a long time, from C, the owner of the house.