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(영문) 서울중앙지방법원 2016.11.30 2016고정1603
사문서위조등
Text

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

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

Reasons

Punishment of the crime

On January 23, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on July 17, 2016.

[Attachment] The Defendant was the representative director of C Co., Ltd. from February 18, 2013 to October 29 of the same year. A person working for D Seoul branch office from November 4 to June 30, 2014 as the manager, while E is the owner of the building in Gangnam-gu Seoul F building.

On October 1, 2013, the Defendant entered into a lease agreement on the fourth floor of E and F buildings for the registration of business operators of C Co., Ltd.

Since then, on October 2013, the Defendant prepared a sub-lease agreement on the 4th floor of the above F building to E for the registration of the proprietor of D Seoul Branch Co., Ltd., Ltd., but was rejected from E, the Defendant was willing to forge the above sub-lease agreement.

1. On November 1, 2013, the Defendant forged private document: (a) prepared a written consent to sublease that “E”, “(State)C A”, and “The lessee “A” agree to sublease the relevant private real estate to the lessee(lease) C Company A using a computer in the lessor section; and (b) affixed the E seal prior to the name of E.

Accordingly, the defendant, without authority, forged a letter of sub-lease consent in the name of E, a private document related to rights and obligations.

2. On the fourth floor of the above F building on November 2013, 2013, the Defendant: (a) exercised a copy of the forged sub-lease agreement to H employees of G tax accounting corporation, who knew of the forgery, as seen above, as if it was duly formed.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. A complaint;

1. Each police statement made to E, I, and J;

1. A real estate lease contract and a business registration certificate (C);

1. A sublease contract and written consent to the sublease;

1. Previous convictions in judgment: Investigation report (verification of concurrent crimes under the latter part of Article 37 of the Criminal Act), application of statutes of the judgment;

1. Criminal facts;

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