사문서위조등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The judgment of the court below that found the Defendant guilty of the facts charged, although the Defendant did not participate in the preparation of the instant lease agreement and receipt, is improper.
2. On May 23, 2006, the Defendant entered into a comprehensive purchase delegation agreement to acquire a special right to sell any articles subject to urban planning projects in the Seoul Metropolitan Government Housing Environment Improvement District under the name of the mother of C and C on May 23, 2006. On July 20, 2006, the Defendant: (a) registered the transfer of ownership with respect to one-third shares (hereinafter “instant land”); (b) on July 20, 2006, the Defendant, despite being notified of the cancellation of the comprehensive purchase delegation agreement by C on July 8, 2008, he tried to avoid the payment of the lease deposit under D’s name by renewal of the real estate lease agreement.
1. Forgery of private documents concerning the real estate hire contract, and uttering of a falsified investigation document;
A. On January 19, 2009, the Defendant: (a) had a licensed real estate agent H, the representative of the above office, who was aware of the cancellation of delegation by the G Real Estate Agent Office located in the Yeongdeungpo-gu Seoul Metropolitan Government Office, enter the name of the real estate charter site in the column for the location of the real estate charter contract site; (b) “Sturl million Won (Won75,000,000); (c) in the column for the deposit; (d) in the lessor column, “A”; and (d) in the lessor column, “A” and the lessee column “I” as the representative of the above office; and (d) marks D’s other original Korean translation that was held in advance following D’s name.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the real estate lease contract in the name of D, which is a private document on rights and obligations.
B. At the same time, the Defendant: (a) had lessee I, who is aware of the forgery, pay 7.5 million won the lease contract amount to J as the former lessee; and (b) delivered the forged real estate lease contract amount to I as if it was duly formed.
2...