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(영문) 서울동부지방법원 2017.05.12 2017고정492
사문서위조등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On September 30, 2015, the Defendant is a lessee who entered into a lease agreement with the Gangdong-gu Seoul Metropolitan Government Seoul Metropolitan Government Dao-2 on real estate, and D is a person who has a business relationship with the Defendant.

around December 2015, the Defendant stated in the form of real estate lease agreement that it is necessary to report E’s business operator at the office Nos. 2 of Gangdong-gu Seoul Metropolitan Government Dao-story C, “No. 2 of Gangdong-gu Seoul Metropolitan Government Dao-stra,” and “No. 2,000,000 won,” in the monthly rent column, “No. 30,015,000 won,” “No. 24 months,” “B” in the lessor’s resident registration number column, “F” in the lessor’s resident registration number column, and the lessor’s address column “No. 428 Dong101, Gangdong-gu Seoul Metropolitan Government ,” and affixed the seal of the Defendant at his own discretion on the name side of B.

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

2. On December 31, 2015, the Defendant: (a) around December 31, 2015, at the 1139 Gangdong-gu Seoul Metropolitan Government tax office, one copy of the lease agreement on a private document, which was forged at the above 1139 Gangdong-gu tax office, had E, who is aware of the fact, submit to the employees of the Dodong-dong tax office as if they were genuine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A protocol concerning the examination of suspects of D;

1. A copy of lease agreement;

1. Application of the statutes on written opinions and explanatory notes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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