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(영문) 인천지방법원 2020.03.13 2019고단8838
사문서위조등
Text

A defendant shall be punished by imprisonment for 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

1. The Defendant was aware of the fact that he had to submit the lessor’s consent to sub-lease of the factory site leased by B to the Korea Industrial Complex Corporation, which was established under the name of B, which was the company that was established under the name of B, with permission related to the gold business that he operated. At the time, the Defendant was unable to obtain the lessor’s consent due to the dispute over the representative of D&A, which was the lessor at the time, and was willing to forge the lessor’

Around June 2019, the Defendant stated in the document form, “B office located in the Southern-gu Incheon Metropolitan City E and the first floor,” “Lease D will consent to sublet the relevant real estate to the lessee (sublet lessee) F as follows,” and stated in the originator’s column “Lease D: the owner of the building: D: the owner of the building)” and affixed a seal affixed by the Defendant to “D Co., Ltd.” voluntarily created by the Defendant.

For the purpose of exercising, the Defendant forged a letter of consent to sublease in the name of D Co., Ltd., a private document related to rights and obligations.

2. On June 7, 2019, the Defendant: (a) submitted a copy of the forged “former consent” to G employees of the Korea Industrial Complex Corporation in the same office as indicated in the foregoing paragraph (1) at around 11:15, and exercised the said investigation document by sending it to G employees of the Korea Industrial Complex Corporation by e-mail as if they were genuine documents.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Monthly rent contract, and text of the judgment such as the name of a building;

1. Application of Acts and subordinate statutes on the sublease consent;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Imprisonment with prison labor for the range of applicable sentences under law from January to June 2.

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