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(영문) 의정부지방법원 2015.06.16 2014고단2502
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant, as an employee of the restaurant called “C”, was asked by the above restaurant operator to receive a letter of the guarantee of the obligation to D, and the Defendant’s family members had attempted to forge the housing lease contract on the second floor of the E-owned housing in the Dongducheon-si, 2002, which had been leased from June 200 to the present date, and to transfer the false lease deposit claim to D, as the Defendant and E were the lessee and lessor respectively.

In fact, the lessee who entered into a lease contract with E on the second floor of the above house is the husband of the defendant.

On June 6, 2009, the Defendant stated “the indication of real estate” in the form of “real estate in the real estate lease contract form” in the “mark of the “real estate” in the “real estate lease contract form” in the “F 2/2, (building) 15, (site) 48,000,” and indicated “E, H, F 2/2, and I” in the “leased” column, and affixes a seal of E’s name, which the Defendant voluntarily helps off to the name of E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness D;

1. Statement to E by the police;

1. A real estate lease contract;

1. Original contract;

1. Application of Acts and subordinate statutes to the complaint and assignment notification;

1. Article 231 of the Criminal Act and Article 231 of the same Act concerning criminal facts and the choice of fines;

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

1. It is also true that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has made an ambiguous statement on the grounds that the real estate lease contract of this case was forged (hereinafter "the lease contract of this case"), and the court fails to make a proper statement on the facts, and there is also a good circumstance after the crime is committed.

However, the defendant has forged the lease contract of this case.

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