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(영문) 수원지방법원 2014.01.08 2013고단2588
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Although the Defendant had already leased the lease deposit of KRW 80 million to D in return for his own possession, the Defendant agreed to obtain a loan from the bank using a forged real estate lease contract, in collusion with the name-free winner, etc.

1. On October 25, 201, the Defendant forged private documents: (a) in the column for the location of the real estate lease agreement, the Defendant entered “A” in the lessor’s name column, “A” and “D” in the lessee’s name column; (b) the Defendant arbitrarily affixed a seal of D’s name on the lessee’s name, following the lessee’s name.

Accordingly, the Defendant forged a real estate lease contract in the name of D, a private document related to rights and obligations without authority for the purpose of exercising his/her name in collusion with a person who has failed to receive the name.

2. The Defendant, at the same time and place as above, exercised the forged real estate lease contract as if it were a document duly formed, on the one hand, to a person in charge of loaning the Saemaul Bank in Gyeyang-gu, who is aware of the forgery.

3. The Defendant: (a) submitted a forged real estate lease agreement at the above time and at the above place; (b) committed as if the above real estate was leased KRW 10 million, monthly and KRW 700,000,000; and (c) deceiving a person in charge of lending the above community credit cooperatives.

The Defendant received cash amounting to KRW 58 million, which is owned by the victim community credit cooperatives on the same day from the above person in charge of lending.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Loan counseling and application form;

1. Details of perusal of transfer households;

1. An appraisal report;

1. Confirmation of terms of lease;

1. A certified copy of the register;

1. Entry of the real estate lease agreement and the application of the existing legislation;

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