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(영문) 서울서부지방법원 2014.02.12 2012고정946

사문서위조등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 23, 2006, the Defendant entered into a comprehensive purchase delegation agreement under the Seoul Metropolitan Government Investment Agreement for the acquisition of special right to sell the objects of urban planning projects in the residential environment improvement district among the household houses scheduled to be removed under the Seoul Metropolitan Government Urban Planning Act. On July 20, 2006, the Defendant had completed the registration of ownership transfer for one-third of the 1/3 share out of the 105 square meters of the Seoul Yeongdeungpo-gu Housing Site, Yeongdeungpo-gu, Seoul under the name of Yeongdeungpo-gu, Seoul, but was notified of the cancellation of the comprehensive purchase delegation agreement by C on July 8, 2008, the Defendant was able to avoid the payment of the deposit by renewal of the real estate lease agreement under the name of D, notwithstanding the receipt of notification

1. Forgery of private documents concerning the real estate hire contract, and uttering of a falsified investigation document;

A. On January 19, 2009, the Defendant: (a) had a licensed real estate agent H, the representative of the office of G real estate real estate agent located in Yeongdeungpo-gu Seoul Metropolitan Government Office, who is aware of the cancellation of delegation at the office office of G real estate agent in Yeongdeungpo-gu, Seoul, enter “Seoul, Yeongdeungpo-gu No. 401” in the location column of the site for the real estate lease contract; (b) Linging million Won in the column for deposit; (c) “D” in the lessor column; (d) “A” in the lessor’s agent column; and (d) marks D’I’s other original Korean translation that had been held in advance following the name of the above D.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the real estate lease contract in the name of D, which is a private document on rights and obligations.

B. At the same time, the Defendant: (a) had lessee I, who is aware of the forgery, pay 7.5 million won the lease contract amount to J as the former lessee; and (b) delivered the forged real estate lease contract amount to I as if it was duly formed.

2. Forgery of private documents concerning receipts, and uttering of private investigation documents;

A. On February 28, 2009, the Defendant forged private documents in the form of a receipt paper by the same method at the same place.