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(영문) 서울중앙지방법원 2016.09.29 2016고단2224
사문서위조등
Text

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

Reasons

Punishment of the crime

1. When borrowing KRW 80,00 from Company C to Limited Company C, the Defendant received a request from Company C for documents, such as a real estate lease agreement and a business registration certificate, with respect to the forgery of a private document and the use of the relevant investigation document, he had the intent to forge the real estate lease agreement.

On October 2015, the Defendant was taking the form of a real estate lease contract using a computer at an irregular place. On the real estate location column of the above contract, the Defendant stated “Seoul Metropolitan Government D Building” and “F million won fixed” in the column of the deposit money, and stated “Seoul Seongbuk-gu Seoul Metropolitan Government E, F, G, and H” in the lessor column, and forged one copy of the H’s lease contract under the name of H by affixing the seal arbitrarily new H’s seal on the name side of H.

In addition, around November 20, 2015, the Defendant issued a forged real estate lease agreement to the J, a person in charge of C, as seen above, at the office of “Limited Company C” in Seocho-gu Seoul Metropolitan Government, Seoul.

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

2. On November 20, 2015, the defrauded Defendant borrowed the victim’s “limited company C” office located in Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government, and the victim’s staffJ’s “be subject to continuous supply of alcoholic beverages in the future, which requires a loan of KRW 80 million with business funds. If the Defendant borrowed money, the Defendant would submit the lease deposit amount of KRW 60 million as requested by the victim and the business registration certificate.

“In doing so, as described in the foregoing paragraph 1, a lease agreement of KRW 60,000,000 for a forged H’s lease deposit was provided.

However, the defendant did not have prepared a lease contract of KRW 60 million as above. In addition, the defendant bears the debt equivalent to KRW 160 million to K, which is the previous liquor supplier, and the defendant did not have any property or fixed income under the name of the defendant.

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