beta
(영문) 수원지방법원 평택지원 2018.04.12 2017고단1293

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around November 1, 2013, the Defendant prepared a lease agreement with D with respect to a warehouse owned by D, E and F, with a deposit of KRW 10 million, monthly rent of KRW 1 million, and entered into a lease agreement with D, and used the said warehouse for lease on the ground that the lease period has expired from D, the Defendant was proved that he/she would restore the warehouse to its original state on three occasions, including around September 29, 2016, around November 3, 2016, and around December 2, 2016, and used the said lease agreement with intent to use the said agreement by forging it for an extension of the lease period stipulated in the said lease agreement.

1. The Defendant forged private documents: (a) around November 1, 2016, at his/her own residence located in Ansan-si; (b) around November 1, 2013, the lessor transferred the said real estate to the lessee no later than November 1, 2013 in a condition that the lessor can use the said real estate for the purpose of the lease; and (c) on November 1, 2014 from the date of delivery, the term of the lease shall be until November 1, 2014; and (d) “No later than November 1, 2016” as “No later than December 1, 2016”; and (e) “No later than December 31, 2014” as “no later than December 1, 2018,” and “no later than December 1, 2016,” respectively.

Accordingly, the Defendant forged one copy of the warehouse lease agreement in the name of lessor D, a private document on rights and obligations for the purpose of uttering.

2. On January 26, 2017, the Defendant: (a) sent a notice to the complainant by mail at an unspecified place; and (b) exercised the same by means of sending the forged warehouse lease agreement, as if the agreement was duly concluded, attaching the said notice to the said notification.

Summary of Evidence

1. Each legal statement of witness D and H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. Statement made by the police against D;

1. Two copies of the lease agreement concluded on November 1, 2013, and forged on January 1, 2016.