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(영문) 서울서부지방법원 2018.11.28 2018고정897
사문서위조등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, after renting the Seoul Mapo-gu Seoul Mapo-gu building from the owner E in the name of his father, tried to operate a general restaurant business by changing the use of the above building to the living facilities near the above building under the delegation of B. However, in the process of violation of the Parking Lot Act, the Defendant was unable to obtain a corrective order from the Mapo-gu office due to the violation of the Parking Lot Act, and the Defendant was willing to be registered in the name of the Defendant, pretending that he is a

1. On August 2012, the Defendant forged private documents: “Seoul Mapo-gu Seoul Metropolitan Government D” in the column for indicating real estate by using an irregular pen on the paper for the monthly rent contract for commercial buildings by ordering F, a construction business operator who is unaware of the fact, to enter the said F’s personal information on August 1, 2012; “The payment period from June 16, 2012 to June 15, 2017” in the column for the content of the contract; “The payment period from June 16, 2012 to June 15, 2017”; “the date of the preparation”; “the Seoul Jongno-gu Seoul Metropolitan Government apartment H H, E”; and “the lessee’s name and the Defendant respectively after entering the personal information of C and E in the lessor’s name subsequent to the lessor’s name.

E’s seal was affixed.

Accordingly, for the purpose of uttering, the Defendant forged the Chapter “Monthly Housing Contract” in the name of E, a private document on rights and obligations.

2. On November 20, 2012, the Defendant: (a) filed a registration of a general restaurant operator under the name of the Defendant at the Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Tax Office; and (b) submitted the forged “Monthly Housing Contract” to the staff of the person in charge of registration of a business operator who is aware of the forgery as if he were a document duly formed, as described in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to replys;

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Article 234 of the Criminal Act concerning criminal facts.

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