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(영문) 서울동부지방법원 2014.07.08 2014고정600
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who leased and operated a gas station under the trade name of Da Co., Ltd. in Bupyeong-gu, Bupyeong-gu.

The Defendant did not have been delegated with the preparation of a contract for the lease of a gas station from E and F, a lessor of the gas station, to jointly lessee G.

Nevertheless, around 11:00 on May 24, 2013, the Defendant prepared the original form of the contract for the lease of a gas station stored in the computer at the office of the above D Co., Ltd. on May 1, 2012, “The term of lease is from January 1, 2013 to December 31, 2014, E: 1: January 1, 2013; 201; 301; F; 103-102 of the Seocho-gu Seoul Metropolitan Government I building; 103-102; Lessee: D (L); Ocheon-gu, Busan Metropolitan Government, Ocheon-si, C; 50% of the rental deposit; G (M) (M) ; and 401 dong-dong, Gyeonggi-do, which is a joint lessee; and then printed out the name of the lessor in the name of the E-dong.”

Accordingly, for the purpose of uttering, the Defendant forged two copies of the lease contract in the name of E and F, a private document related to rights and obligations without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the lease contract for gas stations (class 6);

1. Article 231 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, the Defendant exercised a copy of a forged gas station lease agreement at the time and place stated in the facts constituting the crime, as if it were duly formed with G who knew of the fact.

2. Determination

(a) the offense of uttering of a forged, altered or falsified document is authentic;

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