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(영문) 인천지방법원 부천지원 2016.04.01 2016고정96
사문서위조등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A forged private document: around August 2012, the Defendant entered “E” in the column for the location of the site for a real estate lease contract in Gangseo-gu Seoul Metropolitan Government, B and 1, and entered “E” in the column for the location of the site for a real estate lease contract in Gangseo-gu Seoul Metropolitan Government, and the location of the site for the purpose of uttering; “B” in the area column; “31.4” in the space column; “a cement brick in the space column for the purpose of use of the building; “a million” in the guarantee column; “a million won” in the contract gold column; “D,” “D” in the lessor’s sexual name column; and “E” in the lessee’s sexual name column.

E affixed a seal stating the E’s name on the side of the name.

Accordingly, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document on rights and obligations.

2. The Defendant, around September 2013, submitted a forged real estate lease agreement to a staff member in charge of the Saemaul Treasury without knowledge of the circumstance, as in the foregoing paragraph, at the Saemaeul Treasury located in a Buddhist area below the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu. Around September 2013.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a forged real estate lease agreement;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (a point of uttering of forged private documents) and the selection of fines for the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lessee is suffering from mental distress due to the Defendant’s crime, and there is no record of criminal punishment, and that there is no substantial damage to the lessee due to the discovery of the Defendant’s crime, and that the economic situation of the Defendant is difficult.

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