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(영문) 창원지방법원 통영지원 2017.01.23 2016고정444
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who was the owner of a building D in Gyeongnam-gun, the victims of which are leased by C.

1. On November 15, 2008, the Defendant forged a private document: (a) stated the period of “1.1. Deposit on a deposit basis:0 million won per day” in the pre-tax agreement prepared between the victim and the Defendant on a non-commercial or irregular basis in 2012; and (b) stated “2. Term of the contract: from November 15, 2008 to November 15, 2010, the Defendant added “1.00,000 won per month” by using an irregular pen.

Accordingly, the defendant, without authority, forged one set of a lease contract in the name of the victim, which is a private document on rights and obligations.

2. In 2014, the Defendant: (a) submitted to the Changwon District Court through the Changwon District Court, as seen above, a forged pre-tax agreement was duly formed; (b) filed a civil lawsuit against the surrender of buildings and the payment of monthly rent in arrears; and (c) exercised the forged pre-tax agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. A report on the current status of registered matters, etc. (not including investigation records on nine pages or monthly taxes);

1. A written appraisal;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Selection of each fine provided for in the relevant Act and Articles 231 (the occupation of Article 231), 234, and 231 (the occupation of exercising the said investigation document) of the Criminal Act concerning criminal facts;

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;

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

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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