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(영문) 서울북부지방법원 2015.05.12 2015고정548

사문서위조등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 4, 2013, the Defendant entered into a sales contract to purchase the Dobong-gu Seoul Metropolitan Government Carryover Group 2 from D with KRW 11,500,000,000,000,000,000,000 won for the payment of the down payment, and thereafter, the Defendant was unable to purchase the above B lending due to the problems of tenants and the remainder payment, etc., and introduced the purchase to E to purchase it, and the Defendant was able to prepare a sales contract between D and E as he was delegated to the sales contract from D.

1. On October 30, 2013, the Defendant forged a copy of the real estate sales contract in the name of G real estate office located in Gangnam-gu Seoul Metropolitan Government, which is located in the Seoul Northern-gu, by using a typesetting pen, stating “H apartment of Eunpyeong-gu, Seoul, H apartment 628 Dong 502,” “I” in the resident registration number column, “D” in the name column, and then forged a copy of the real estate sales contract in the name of D, which is a private document on rights and obligations, for the purpose of exercising the signature on the name following the name.

2. The Defendant: (a) delivered a forged real estate sales contract to E, who is aware of the forgery at the same time and place as that set forth in the preceding paragraph; and (b) exercised it as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation reports (Attachment to the detailed list of the details of withdrawals) and investigation reports ( telephone conversations);

1. Application of Acts and subordinate statutes to a real estate sales contract, receipt, content certification, and full certificate of registered matters;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;