logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.03.16 2017고정328
사문서위조등
Text

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

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

Reasons

Punishment of the crime

The Defendant intended to borrow money from a lending company, but he did not good credit, and the Defendant was willing to forge the real estate lease agreement in the name of B to use the lending company as if there were claims for the return of the lease deposit.

1. On May 31, 2009, the Defendant forged private documents: (a) on the land for a real estate lease contract (monthly rent) between the 2nd floor and the 156th floor in Jung-gu Seoul, Jung-gu, Seoul and the 2nd floor and 156th floor; (b) on the land for the location column, “Seoul Jung-gu C market 2nd floor and 156th floor”; (c) on the monthly rent guarantee column, “one million won”; (d) on the contract deposit column, “one million won”; and (d) on the lessor column, “B” on the resident registration number column, “D” on the resident registration number column, and “D 35 203 unit and 203 unit in the State column”; and (d) on the name of the above B, the Defendant affixed at his own discretion a new B seal.

Accordingly, the defendant has forged one chapter of a real estate lease agreement in the name of private document B, which is a private document on rights and obligations for the purpose of exercising.

2. On October 15, 2010, the Defendant: (a) borrowed five million won from F while operating a lending company at a coffee shop located in Dongdaemun-gu Seoul Metropolitan Government, and (b) delivered the forged real estate lease contract to F as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against F and B;

1. Contracts for the lease of real estate and promissory notes;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Account Transactions);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Article 234 of the Criminal Act (the point of uttering of forged private document), and the choice 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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow