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(영문) 부산지방법원 2018.07.05 2018고정33

사문서위조등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

When the Defendant came to know that the Busan Dong-gu C’s housing located in Seocho-gu, Busan would be compensated for the reconstruction, he prepared a false lease contract for the said housing with the seal kept in custody, and tried to apply for provisional seizure of the said housing and to exercise the right to claim the return of the deposit.

1. On April 1, 2016, the Defendant forged private documents: “90 million won” in the column for guarantee of real estate lease contract in the Defendant’s residence located in the Busan East-gu, Busan-gu; “B’s address, resident number, name, resident number, and name in the lessor column; and thereafter, kept in custody following the lessor’s name and address, resident number, and name.

B and D seals were affixed respectively.

Accordingly, the defendant has forged one chapter of a real estate lease agreement in the name of private document B, which is a private document on rights and obligations for the purpose of exercising.

2. On February 2017, the Defendant: (a) filed an application for provisional seizure of real estate with respect to the above housing and housing site in Busan District Court located in the Busan District Court, Busan District Court; and (b) exercised the right to use the forged lease contract as a document duly formed; (c) as such, the Defendant exercised the right to use the forged lease contract as a document.

Summary of Evidence

1. The witness G and each legal statement in B;

1. Each police statement protocol with respect to B and G (including the substitute part);

1. Details of each transaction;

1. Application of Acts and subordinate statutes to a complaint, a real estate lease agreement, a provisional seizure, and a certificate for registration;

1. Article 231 of the relevant Act concerning the crime: Articles 234 and 231 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. According to the evidence of conviction under Articles 70(1) and 69(2) of the Criminal Act with respect to the possession of the above housing and its site (the instant real estate) from G to B, the fact that the ownership of the said housing and its site was changed from G to B is the right to collateral security established on the said real estate.