beta
(영문) 부산지방법원 2019.08.09 2019고정695

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is operating a restaurant with the trade name of “C” in Busan Jin-gu B.

1. On February 13, 2017, the Defendant: (a) opened the above restaurant and prepared a real estate lease agreement with D who is the owner of the building; (b) made the name of the lessee E who is the second parent of the Defendant; and (c) registered the business in the name of E.

Since then, when E requests the change of the tenant's name and the business operator's name while married, the defendant decided to change the name of F, which is a large father of the defendant, to use the real estate lease contract to be arbitrarily prepared and used without consent of D.

On October 15, 2018, the Defendant: (a) at the restaurant of the above “C”, the Defendant, using the pen in the form of the real estate lease contract, signed or sealed the name of “C” in the column where the real estate is located, “B of Busan-gu, Busan-do; (b) 120 in the rent column; (c) 120 in the monthly rent column; (d) 15 October 15, 198; and (d) d’s personal information in the lessor column; and (c) d’s personal information in the lessee column.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the real estate lease agreement in the name of D, a private document on rights and obligations.

2. On October 15, 2018, the Defendant submitted a forged real estate lease agreement, as described in paragraph (1), to the G Association, as if it were a document duly formed in the Busan High Tax Office, which knew of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on business registration certificate and real estate lease contract;

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

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;