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(영문) 서울중앙지방법원 2013.07.15 2013고정2733
사문서위조등
Text

The sentence against the accused shall be determined by a fine of KRW 3,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 8, 2012, the Defendant forged private document: (a) entered into a sub-lease contract with D and the above Maart’s refined coponer in Cmaart operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City; (b) through E without authority, an employee, for the purpose of exercising the sub-lease contract; (c) entered the lessor’s “F”, “A”, and “D” into the sub-lease; and (d) sealed the F’s seal in advance and affixed the F’s name.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the Copon lease contract in the name of F, a private document on rights and obligations.

2. The Defendant, at the same time and place as above, delivered the forged co-lease contract as if it was duly formed to D who was aware of the forgery.

3. The Defendant, at the same time and place as above, pretended that the victim D could properly sublet the above Cmate’s static cocop to the victim, and prepared and implemented the forged copact lease agreement as above.

However, in fact, the defendant did not have been delegated the sub-lease from F, the building owner.

Nevertheless, the Defendant deceiving the victim as above and was transferred from the victim to the account in the name of Cmate Co., Ltd. managed by the Defendant at the seat to KRW 30 million as security deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (verification as to whether the lessor consents to sublease), a report on investigation (report on a copy of records related to this case, and a report on investigation (report on a copy of records related to 13-25465)

1. Relevant Article 231 of the Criminal Act and Article 231 of the Criminal Act (the Article 231 of the Private Document and the Selection of Fines), Articles 234 and 231 of the Criminal Act (the point of exercising the illegal investigation document, the selection of fines), and Article 347(1) of the Criminal Act (the point of fraud and the selection of fines).

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