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(영문) 서울남부지방법원 2017.09.22 2017고정1402
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 2010, the Defendant forged private documents at the Defendant’s office located in Jung-gu Seoul Special Metropolitan City, Jung-gu, and then sealed E’s seal after stating the following as follows in the real estate indication column of the entire lease contract form “Seoul Songpa-gu apartment C apartment No. 103 305, 305, 100,000,000 won per deposit, KRW 100,000,000 per deposit, KRW 29,000,000,000 per deposit, and KRW 29,000,000 per special agreement until the remainder of the contract, and KRW 103-305, D, and E”, respectively.

However, the defendant did not have been authorized by the lessee E of the above real estate to prepare the above contract.

Accordingly, for the purpose of exercising authority, the Defendant forged one set of the lease contract under the name of E, a private document on rights and obligations.

2. On the same day, the Defendant issued one copy of the consignment contract in the name of E, as in the preceding paragraph, to F as the mortgagee of the first class of 103, 305-2 apartment C, Songpa-gu, Seoul.

However, F did not know at all that the foregoing lease contract was forged.

Accordingly, the defendant exercised one set of a forged E-title lease contract.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on the lease contract for apartments;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Article 234 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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