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(영문) 부산지방법원 2018.08.17 2018고단1870
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, while running the clothing sales business of B’s trade name, had the obligation to repay to the victim C (70 years of age).

1. On June 25, 2017, the Defendant forged a private document: (a) on a coffee shop in which the trade name of the Dong-dong in Busan is unknown; (b) for the purpose of offering it as security to the victim and borrowing money, the Defendant shall lease a deposit of KRW 3 million from E with a store of KRW 4,00,000 and KRW 2,00,000 per month for the purpose of borrowing money.

“E” in the lessor’s column of the real estate lease agreement with the terms of “E”, “Man Nam-gu, Busan”, and “B” in the resident registration number column, and possessed at will another name.

E’s seal has been affixed.

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

2. On June 26, 2017, the Defendant: (a) delivered a forged real estate lease agreement to the victim who is aware of the forgery, as set forth in paragraph (1) at H located in Dong-gu Busan Metropolitan City G on June 26, 2017.

3. At the same time and place as Paragraph 2, the Defendant, at the time and place, delivered a false lease contract prepared voluntarily by the victim, and there is a contract under which “the Defendant obtained a store by receiving a premium of KRW 3 million from the scarma test and received a security deposit,” but received the security deposit.

In this regard, the premium borrowed 1 million won per mother and child, and made a false statement.

However, even if the defendant borrowed money from the injured party as premiums, he did not have any intention or ability to repay the borrowed money.

The Defendant, as such, by deceiving the victim, received one million won from the damaged party in his/her job.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The loan certificate;

1. A real estate lease agreement;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with the spouse of a witness E);

1. Relevant Article of the Criminal Act and Articles 231, 234, and 347 of the Criminal Act concerning criminal facts.

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