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(영문) 대전지방법원 서산지원 2018.05.24 2017고단489
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On February 17, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months in the Seosan Branch of the Daejeon District Court, and the said judgment became final and conclusive on August 10, 2017.

[Criminal facts]

1. When the Defendant: (a) leased the “C” joint accommodation business from D and D’s mother, its owner; (b) around August 25, 2014 at the above “C” joint accommodation business; (c) on the column where the location of real estate was indicated by using a typesetting tool on the site of a real estate lease agreement, the Defendant entered “C” in the column where the real estate was indicated, “C” in the column where the real estate was located without obtaining the said D’s consent or delegation; and (d) KRW 3,50,000,000 (3,50,000,000; and (c) KRW 104-402, “A resident registration number column” in Seo-gu Incheon Metropolitan City, “B” in the form of a real estate lease agreement; and (d) the Defendant entered “D” in the name next to the name of the Defendant.

D his seal has been affixed.

Accordingly, for the purpose of exercising, the Defendant forged one chapter of a real estate lease agreement in the name of D, a private document on rights and obligations.

2. The Defendant appears to be a clerical error in the facts charged as stated in paragraph (1) in the indictment. The “paragraph (a)” appears to be a clerical error in the “Paragraph (1).”

At the time, place, which is known of the forgery, proposed that the above forged real estate lease contract was duly formed and exercised as if the lessee had been actually formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A copy of a real estate lease agreement;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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, and the choice of imprisonment with prison labor, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62 of the Criminal Act:

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