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(영문) 서울북부지방법원 2016.06.29 2016고정780
사문서위조등
Text

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

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

Reasons

Punishment of the crime

The Defendant borrowed 11.5 million won on or after April 18, 2015 with interest of KRW 3.3 million on or after 10 days from B on or around April 18, 2015, and failed to repay the money on the repayment date. The Defendant extended the due date and received the deposit for lease even if he/she received the refund of the deposit.

In order to make it safe, I tried to forge the lease contract with the security deposit and to present it to B.

1. On June 30, 2015, the Defendant forged private document: (a) at the Defendant’s house located in Jung-gu Seoul Metropolitan Government C and 2, the Defendant entered the real estate lease agreement form as “E 2 stories”; (b) in the column for the seat of the real estate lease agreement; and (c) in the column for the deposit amount, “O million (50,000,000); (d)” in the column for the down payment; (b) three thousand,000,000 in the column for the payment; (c) on the monthly rent; and (d) on the leased period column, “E” and “E one story in Seoul, the lessor’s address and address column”; and (d) written in the name and address column for the lessor’s agent’s name, sealed in advance; and (d) written in the name and seal column for the name of the Defendant’s name and sealed; and (d) written in the name and seal column for the name of the Defendant’s name and sealed.”

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

2. On June 30, 2015, the Defendant, at around 20:00, presented a forged real estate lease agreement to the said B, who was aware of the forgery at the JJ shop located in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. Loan certificates (2) and the application of Acts and subordinate statutes of a real estate lease agreement (A)

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Article 234 of the Criminal Act concerning criminal facts.

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