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(영문) 부산지방법원 2014.12.11 2013고정6042
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs the authorized brokerage business under the trade name of "D Licensed Real Estate Agent" in Busan Jung-gu.

On September 12, 2012, the Defendant arranged the purchase of the F building 301 in Seo-gu Busan, Seo-gu, Busan, to the victim E, and in relation to this, the Defendant arranged the lessee G as the lessee under the above 301 with the deposit deposit of KRW 160,000,000, the down payment of KRW 10,000,000, the remainder of KRW 150,000,000.

The victim was paid KRW 10,00,000 from G in accordance with the above lease agreement. On November 5, 2012, G demanded on the victim to return KRW 10,000,000, which was already paid to the victim by asserting the termination of the lease agreement. On December 3, 2012, the victim claimed that the contract deposit was returned to G and disposed of by ascertaining the Defendant on December 3, 201, where the down payment was returned to G.

Since the lease contract is canceled due to a cause attributable to G, the defendant judged that it is unnecessary to return the down payment to G, and he was able to do so.

1. High Court Decision 2014No273

A. On March 21, 2013, the Defendant arbitrarily prepared a letter of delegation in the victim’s name and used it to file a lawsuit for confirmation of the existence of a debt against G. On March 21, 2013, the Defendant forged one copy of the letter of delegation in the victim’s name, which is a private document related to rights and duties, with the intention of having the victim seal the seal of the victim’s name in advance on the letter of delegation of the lawsuit, with the intention of having the legal person delegated the legal person to prepare a letter of delegation of the lawsuit from the victim. The Defendant forged one copy of the letter of delegation in the victim’s name, “Confirmation of the existence of a debt” in the case column, “Plaintiff E, Defendant G” in the party column, and “E” in the date of preparation.

B. The defendant 1-A

At the time and time stated in the port of Busan District Court, the lawyer J is required to be a public official in charge who is aware of the forgery.

The victim who has been forged as described in the subsection.

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