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(영문) 부산지방법원 2017.07.19 2017고정806

사문서위조등

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a person who has leased a deposit of KRW 100 million and KRW 5 million monthly rent of KRW 380 square meters and KRW 70 million on land located in Busan-gu, Busan-do.

On July 1, 2015, the Defendant, at the office of the Defendant located in the building above the Defendant, demanded that he prepare “former consent” from E which was given a sub-lease contract with the Defendant, and without C’s permission, E, without permission, shall enter “D, C, and F” in the section of the sub-lease as the color pen for the building owner in the section of the sub-lease, and enter “I” in the section of the sub-lease as “M, A, H, and I of the city of Busan.” After making the sub-lessee enter “D, (State), J, K, and L” in the section of the sub-lease, the Defendant was in possession of the word “building owner.”

C’s seal is stamped, and the above sub-lease consent was issued to E who is unaware of the forgery.

For the purpose of exercising, the Defendant forged one copy of the sub-lease agreement in the name of C, which is a private document related to rights and obligations, and used a forged sub-lease agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of statutes, such as written consent to sublease;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime (the point of uttering of the aforementioned investigation document), and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the reason for sentencing of the defendant is aged and has no record of being punished for the same kind of crime or of being sentenced to a fine, and that there is no record of punishment exceeding the fine. The punishment above the summary order is to be mitigated by comprehensively taking into account the circumstances of the crime in this case, including the defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.