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(영문) 전주지방법원 군산지원 2017.03.15 2017고정6

사문서위조등

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 6, 2015, the Defendant entered into a real estate lease agreement with B on the second floor of the building C in the following cities: (a) and (b) sought to operate “D” at the address.

In this regard, on September 14, 2015, the main store business entered into a contract with E to transfer the above main store operation right and E requires the real estate lease contract entered into between E and the main building owner B, thereby soliciting B to use the real estate lease contract in the name of E with E.

On September 14, 2015, the Defendant entered “B million won” in the guarantee gold column of “Real Estate Lease Contract,” “50,000 won” in the tea column, “F 109-402 in the resident registration number column,” “G, sexual name column,” “B,” and “H in the resident registration number column,” signed and sealed B’s official seal attached to B’s name, and then delivered B’s seal at will to J in the same day, “E” in the following day.

Accordingly, the Defendant conspired with E to forge and exercise one copy of the real estate lease agreement in the name of B, a private document on rights and obligations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a real estate lease contract, forged real estate lease contract, D business license certificate, copy of business registration certificate, and contract for real estate lease on deposit;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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