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(영문) 서울중앙지방법원 2013.08.23 2013고단4334

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the 7th floor of the Seoul Jung-gu building, was in need of a sub-lease contract with the lessor in the process of reporting the change of the sports facility business in order to operate a dance hall after obtaining a sub-lease from C who operated the dance hall, and was willing to forge a sub-lease contract with the lessor, a lessor, for sub-lease of the above building to the Defendant.

1. On February 14, 2012, the Defendant forged private document: (a) at the office of the seventh floor of the building B above; (b) on the sub-lease form using a computer, the Defendant stated that the lessee C sub-leases the said seventh floor of the building B to February 1, 2013; and (c) stated, “The 7th floor of the building B above to February 1, 2012, the lessee sub-leases the said building B from February 1, 2012 to February 1, 2013; and (b) stated, “Seoul-gu building B”, “D to the lessor”, “C”, and “B” to the lessee’s term “from February 1, 2012 to February 1, 2013”, and affixed the seal of the said company, which was written in advance adjacent to the lessor’s trade name.

Accordingly, the Defendant forged the above sub-lease contract, which is a private document on rights and obligations, for the purpose of uttering.

2. On February 15, 2012, the Defendant: (a) submitted a forged sub-lease contract at the public service center of the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul; and (b) submitted it to a public official in charge of civil affairs who is unable to know his/her name, as described in paragraph (1), as if it were duly constituted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes on the sublease contract;

1. Article 231 of the Criminal Act applicable to the facts constituting an offense (the occupation of Article 231 of the Private Document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the occupation of uttering of the private investigation document and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

2. The sentencing criteria are set;