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(영문) 서울동부지방법원 2015.10.28 2015고단1114
사문서위조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 23, 2007, the Defendant was sentenced to a fine of KRW 40 million in imprisonment with prison labor for a crime of violation of the Act on Special Measures for the Control of Public Health Crimes (Manufacture of Illegal Medicines) at the District Court of the Republic of Korea on April 23, 2007. On August 27, 2008, the Defendant completed the enforcement of the sentence at the Inn prison.

On May 2010, the Defendant informed D of the address, resident registration number, etc. of E at the office of the Defendant located in the above office in Yangyang-si, Namyang-si, and caused D to enter D’s “Real Estate Lease Contract” in the document top-down column, “F in Namyang-si, Gyeonggi-do” in the column of location of Article 1, “F in Namyang-do” in Article 2, and “Seoul Seoyang-gu, Seoul, G Apartment 1, 910, H, I, and E” into the lessor column of Article 6, and marked E’s seal kept in advance.

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (four times, replacement);

1. Statement to J police officers;

1. A real estate lease contract or a monthly lease contract;

1. Previous convictions in judgment: Criminal records, personal identification and confinement status, application of court rulings and other statutes;

1. Article 231 of the Criminal Act applicable to the crime and Article 231 of the choice of punishment (the selection of fine, the defendant committed a crime during the period of repeated crime, but the sentence of punishment is too harsh in light of all the circumstances, such as the preparation of the contract and the profits the defendant acquired, and thus the selection of fine is too harsh);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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