사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Of the facts charged of this case, the above investigation documents are exercised.
1. The summary of the grounds for appeal 1) The Defendant, misunderstanding the facts and misunderstanding the legal principles, received a letter from a private H by a certified broker.
On January 1, 2016, only sent a copy of a self-lease contract to a lessor D, and there was no fact that he/she forged the lease contract in the name of D for the purpose of exercising the contract. However, the lower court erred by misapprehending the legal doctrine, or convicted the Defendant.
2) The sentence of the lower court (one month of imprisonment) that is unfair in sentencing is too unreasonable.
2. Around November 1, 2013, the Defendant prepared a lease agreement with D and used the said warehouse with respect to the warehouse E and F, with a deposit of KRW 10 million, monthly rent of KRW 10 million, and KRW 1 million, and then leased the said warehouse.
On September 29, 2016, around November 3, 2016, around December 2, 2016, and around December 2, 2016, he/she issued a certificate that he/she would restore the warehouse to its original state and order the restoration of the warehouse on three occasions, including a total of three occasions, and used the above contract with the content of extending the lease period stipulated in the above lease contract.
1) On November 1, 2016, the Defendant forged private documents: “The lessor shall deliver the said real estate to the lessee no later than November 1, 2013 in a state in which it can be used for the purpose of the lease; and the lease period shall be no later than November 1, 2014 from the date of delivery until November 1, 2014; “ November 1, 2016”; “No later than December 1, 2014” “No later than December 31, 2014” “No later than December 31, 2018,” and “No later than December 1, 2016” as “No later than December 31, 2018,” respectively.
Accordingly, the Defendant set up one copy of the warehouse lease agreement in the name of lessor D, a private document related to rights and obligations for the purpose of uttering (hereinafter “the lease agreement of this case”).
2) the event of the above investigation document.