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(영문) 서울동부지방법원 2015.04.17 2015고정330

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a corporation C (title representative director is D) located in Seongdong-gu Seoul Metropolitan Government building B and is a person who actually operates the defendant's living together).

On March 17, 2014, the Defendant entered into a lease contract with F, which operates a gallon 200,000 won and monthly rent of KRW 200,000,000, and received KRW 200,000,000 from F, with the trade name of “E” as to the above B building No. 205, and used the lease deposit to KB Savings Bank, which is the priority beneficiary under the real estate collateral trust contract, even though it should pay the lease deposit to the former lessee.

On June 16, 2014, the Defendant: (a) prepared the content of the lease agreement with the lessee as “F,” and copied the F’s seal in the name of the lessee E representative director E, and then issued the F’s seal in the name-free employee in Songpa-dong, Songpa-gu, Seoul, as shown above, as if he were a document duly formed the forged lease agreement with the lessee, for the purpose of pretending that the lessee would have not received the lease deposit from the lessee F; and (b) issued the F’s name-free employee in the name-free employee in the name-based, Songpa-gu, Seoul.

Accordingly, the defendant, for the purpose of uttering, forged one copy of the lease contract in the name of E representative director F, which is a private document on rights and obligations, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (written confirmation, copy of resident registration certificates);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the fact of aiding and abetting private documents, the choice of fines) and the exercise of falsified investigation documents under Articles 234 and 231 of the Criminal Act;