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(영문) 대전지방법원 논산지원 2021.02.09 2020고정60

사문서위조등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. On September 16, 2019, the Defendant forged a private document: (a) stated that “the name of F is F’s resident registration number, telephone number, and F’s name in the column of the site for a real estate lease contract printed by a scamb in the area of the site for the land for the lease of real estate located in the area of the land for the land for the land of the lease of real estate located in the area of the mountain, mountain, and mountain, mountain, and mountain, mountain, and mountainous, mountain, and mountainous, mountainous, and mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, mountainous, and mountainous, mountainous, mountainous, and

A seal affixed to F in the name of F.

Accordingly, for the purpose of exercising authority, the Defendant set forth one copy of the real estate lease agreement in the name of F, a private document on rights and obligations (hereinafter “the lease agreement of this case”).

2. The Defendant: (a) delivered the forged real estate lease agreement to G who is unaware of the fact that the document was forged at the time and place specified in paragraph (1); and (b) exercised it as if the contract was duly formed.

Summary of Evidence

Witness

F Legal Statements

1. Application of Acts and subordinate statutes on real estate lease agreement;

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 exercising the aforementioned investigation document), the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act by which the selection of fines for concurrent crimes is aggravated;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant, as the spouse under the law of the victim, was delegated the comprehensive management of the building of this case by the injured party, and did not forge the lease agreement of this case.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the defendant's building E is related to the victim.