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(영문) 춘천지방법원 속초지원 2017.05.17 2016고단409
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2015, the Defendant: (a) borrowed money from D at the Defendant’s office located at Seocho-si, Sinsi; (b) and (c) on the date of preparation, the Defendant, while making a loan from D in order to deceiving the Defendant as if he had concluded the said housing lease agreement with E, the owner of the said housing; (c) stated relevant information, such as “Seoul in Gangwon-do Seocho-do,” “this million won (25,000,000 won)” in the column of the deposit amount, and “The date of preparation,” written in the column of the real estate lease agreement, and written in E’s signature in the lessor column and had been produced at will on the right side of the said signature.

E has affixed a seal to the name of E.

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

2. On May 11, 2015, the Defendant exercised the said investigation document as if it was a document duly formed with D, who knew of the forgery, of the forged E’s real estate lease agreement in G Lesto F in Josto F at the Seocho-si, Seocho-si.

3. The defrauded Defendant borrowed the amount of KRW 10 million per annum to the victim D at the same time and place as that set forth in paragraph 2, because his/her husband and wife was hospitalized in the middle patient room, and there is a need to pay the amount rapidly. If his/her husband and wife borrowed money, the principal shall be paid in four copies per month after one year.

“Along with the false statement, the Defendant provided a forged real estate lease agreement as security.”

However, at the time of fact, there was no traffic accident, and the above real estate lease contract provided as security was forged, and at the time, the defendant borrowed money from the damaged person and thought that he would use it as the name of bond repayment, etc. in the absence of any specific property, so even if he borrowed money from the damaged person, he/she can pay it.

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