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(영문) 서울서부지방법원 2016.11.09 2016고단2997
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From the end of October 2013, the Defendant heard that, from the end of 2013, while borrowing money from the victim C, it would be possible to lend money to the victim C as the amount borrowed from the victim is increased and the amount borrowed from the victim.

Therefore, the Defendant forged a lease contract as the lessee who is entitled to receive the security deposit for the real estate that the Defendant provided and leased to E with the Defendant’s scenariod land D, with the intention to offer it as security at the time of borrowing additional money from the victim.

1. Around January 2014, the Defendant forged private document: (a) prepared a false real estate lease agreement, stating “A” in the lessee’s column, and affixed the seal of the Defendant to the lessor’s column, stating “A” and then affixed a seal to the lessor’s column, stating that the lessee was “E” and the Defendant did not have concluded a real estate lease agreement with E, despite the absence of the existence of the location: G202 of Eunpyeong-gu Seoul Metropolitan Government; (b) KRW 30 million; and (c) KRW 30 million; and (d) December 25, 2006.

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

2. On January 2, 2014, the Defendant: (a) delivered the forged real estate rental contract as if it were a genuine document to C, who is unaware of the forged real estate rental contract in the vicinity of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) exercised it.

3. On January 2, 2014, the fraud Defendant presented a forged real estate lease contract as described in paragraph (2) in the territory of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the victim C, and made a false statement that “The Defendant borrowed money with a deposit deposit of KRW 30 million as security.”

However, the above real estate lease contract is forged as described in paragraph (2).

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