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(영문) 대전지방법원 천안지원 2018.01.19 2017고단812
사문서위조등
Text

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

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

Reasons

Punishment of the crime

1. On August 2012, the Defendant forged a private document, stating to the effect that the above written consent was also forged in the charges of “a letter of consent to the sub-lease of the borrower in the name of the lessor F in the name of the “E” set out in the “E” set-out store located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and the lessor’s “C” at the store. However, it was proved that the said written consent was forged as seen thereafter.

It is difficult to see such purport, and it is deleted and recognized.

Of the contents of sub-lease contract, “A lessee column under the sub-lease contract” was cut back and copied in blank, and it is false for G to be aware of the fact that “A lessee column under the sub-lease agreement was entered in the sub-lease column with the lessor’s consent, and the name was entered in the sub-lease column,” thereby having G enter “G” and “H apartment 102-2001 in the state column of “A lessee column under the sub-lease agreement.”

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of “written consent to sub-lease of a lessor” in the name of F, a private document concerning rights and obligations (hereinafter “written consent of this case”).

2. The Defendant, at the same place around August 2012, at the same time and at the same time, delivered the written consent of the instant case that was forged to G with no knowledge of such fact as if it was duly formed.

Summary of Evidence

1. Each legal statement of witness F, C and G;

1. Application of Acts and subordinate statutes to a lease contract for each real estate and a written consent of each lessee to sublease;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is to forge the written consent of this case.

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