beta
(영문) 서울중앙지방법원 2015.09.24 2015고단284

사문서위조등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 18, 2014, the Defendant forged private document documents: (a) on the Defendant’s low-speed passenger car located in Mapo-gu Seoul Metropolitan Government, and on the paper of “real estate lease contract”, the Defendant marked “Seoul Mapo-gu Buildings C, D,” “Seoul Mapo-gu” in the front deposit section, “Tcheoncheon,” “Ycheon,00,000,000” in the front deposit section; (b) on the remainder of the down payment column, the Defendant marked “F,00,000,000” in the remainder column, “E, and F” in the lessor’s name; and (c) marked F’s seal carried by the ordinary Defendant.

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

2. The Defendant, at the same time and place as the foregoing paragraph (1), exercised the following as if he had duly formed a forged real estate lease agreement with G to purchase the main points being operated in the said building.

Summary of Evidence

1. One, two, and three-time protocol of examination of the police suspect against the accused (including G substitutes);

1. Protocol of the police statement concerning G;

1. A copy of the real estate lease contract;

1. Application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, the proviso of Article 50, and the proviso of Article 42 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the basic area (6-2 years), such as fabrication, alteration, etc. of private documents (f-month forgery, alteration, etc.) in the basic area (f-month forgery, alteration, etc.) of category 1 (f-2 years), the basic area (f-month forgery, alteration, etc. of private documents) of category 1 (f-2 years), among concurrent crimes [decision of sentencing] [decision of sentence] 4 months (limited to the criminal history of the accused, the extent of substantial damage by the complainant, and other sentencing conditions, such as the age, character and conduct of the accused, circumstances of the crime, etc. after crimes),