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(영문) 서울북부지방법원 2019.07.25 2019고정856
사문서위조등
Text

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

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

Reasons

Criminal facts

1. Around December 2018, the Defendant: (a) entered the title “vehicle No. 50,00,000 won” in the blank A4 form at his/her residence; (b) stated “debtor D” in the lower end; (c) stated “resident number E,” “ telephone number F,” and “resident address No. 1st floor H of the Dobong-gu Seoul Metropolitan Government G building No. 1st floor; (d) stated in the lower end “creditor A” and affixed his/her seal on the lower end; and (c) stated in the lower end as “resident number I, telephone number J, and address No. 3,” respectively; and (d) stated in the lower end “Seoul Dobong-gu Seoul Metropolitan Government building No. 2 building No. 1: the lower end as “B building No. 50,000,000 won; and (d) purchased money from the Defendant on May 20, 2017; and (e) purchased money from the Defendant on May 20, 2017.3.

Accordingly, the Defendant, even though he did not lend money to D, forged a private document, which is a private document on rights and obligations in the name of D without authority, for the purpose of exercising the right.

2. On January 15, 2019, the Defendant at the Seoul Northern District Court’s civil petition office located in Dobong-gu Seoul Metropolitan Government, submitted a forged evidence of “a forged evidence” as provided in paragraph (1), when filing an application for provisional seizure of real estate against “Seoul Dobong-gu G and 1st floor H” owned by D, to the staff in charge of the court who is aware of the fact.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a copy of an application for provisional seizure of real estate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

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

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