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(영문) 서울동부지방법원 2017.08.22 2017고정433

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who was the owner of C apartment in South Korea, 2107 Dong 402.

Despite the fact that a lease contract (a lease deposit of KRW 95,00,00) was entered into with the victim D and actually resided in the bank from September 15, 2012 to September 14, 2014, in the absence of a lessee, the victim was unaware of the fact of free residence by deceiving the victim to obtain additional payment of the loan from the bank in the absence of the lessee, and the "certificate of free residence" and "a letter of consent for collection and use of personal information (a seller, lessee, tenant, member of the tax association, and a third party, etc.)" were prepared and submitted to the bank.

1. Forging a private document;

A. On July 2013, 2013, at the Victim’s Parent’s Day where his/her address is unknown, written “D,” and written “D, signature,” and written “D,” and “D,” and “D,” respectively, in the column for “the status of non-resident” in the document of “written confirmation of Free Residence” against the victim;

(b) Each entry shall be made in a document referred to in the item of the "Certificate of Free Residence" in the name other than the name of G (victim's spouse);

다. 「 개인( 신용) 정보 수집이용 동의서( 매도인, 임차인, 세 대원, 무상 거주인 등제 3자)」 제목 문서의 ‘ 수집이용목적’ 란 의 ‘ 무 상거 주인 : 금융거래에 따른 무상 거주사실 확인’, ‘ 수집이용동의 여부 동의 함’, ‘ 고유 식별정보동의 여부’ 란 의 각에 ‘∨’ 표시하고, ‘ 년. 월. 일’ 란에 ‘2013. 7. 14’, ‘ 본인, 서명, 주민등록번호’ 란에 ‘D, 서명, E’ 라고 각 기재하게 하고,

D. Each document is written in the name of G (victim’s spouse) in the letter of consent for collection and use of personal (credit) information (seller, lessee, three members, and free resident, etc.) and each document goes against the intent of “written confirmation of free residence” stating the name, personal information, and signature on the duty of rights and “written consent for collection and use of personal (credit) information” (seller, lessee, three members, free resident, etc.) for the purpose of exercising the right.