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(영문) 의정부지방법원 고양지원 2016.08.12 2016고단986

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 2013, the Defendant borrowed money from D (Death October 17, 2015) which was referred to the Defendant’s elementary school at the Defendant’s elementary school, and when D demands a security, the Defendant was willing to borrow money by forging a lease contract and providing a security for lease as security.

1. On October 31, 2013, the Defendant forged private documents: (a) on the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government in the location of the real estate with a stampial flusium on the paper for the lease contract (former three years) contract; (b) on the column for deposit money, the Defendant stated in the column for deposit money “Ye-gu Seoul Metropolitan Government” in the column for deposit money; (c) the address: (d) the Eunpyeong-gu Seoul Metropolitan Government E (first floor): F, telephone number: G, name H, and name H; (g) the lessee’s address: (i) the 203-dong unit 906, resident registration number: J, name and name; and (iv) the lessee’s name stated in the column for deposit money; and (v) was stored in advance on the side stated in the column for deposit money.

H’s painting was stamped.

Accordingly, the Defendant forged one copy of the lease contract in the name of H, which is a private document on rights and obligations for the purpose of exercising the right.

2. On October 31, 2013, the Defendant: (a) received one copy of the forged lease agreement from the law firm sub-office located in Gyeyang-gu, Seoyang-gu, Seoyang-gu; and (b) exercised the said forged agreement as if it was duly formed with D, as if it was duly formed.

3. Around October 31, 2013, the Defendant, who entered into a forged lease agreement with the victim D, prior to the said law firm sub-office, as described in paragraph (2), is liable to pay interest of KRW 3 million on or after the second month, if he/she lends KRW 15 million to the victim D, and he/she has to pay the principal KRW 15 million.

It is difficult to see whether to provide deposit money equivalent to KRW 100 million as security.

“The purpose of “ was to make a false statement.”

However, the Defendant did not have a claim for deposit money equivalent to KRW 120 million against H, and the above lease agreement is as stated in paragraph 1.