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(영문) 청주지방법원 2019.02.21 2018고단2195
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant lent KRW 30,000,000 from C, a de facto owner of C, leased “Seoul building E and F” to KRW 25,00,000,000 from D, and was prepared and possessed in the name of “B” for the purpose of securing the above loan loan against B, while he forged the deposit money and the name of the lessee of the said lease contract to be offered as security to G and received money.

1. On February 2, 2018, the Defendant forged private document: (a) on the Defendant’s residence located in Hail-gu, Sin-si, Sin-si, Sin-si, Sin-si; (b) on the real estate lease contract form, the Defendant entered the name of the third representative director of Sin-do, Jin-gun, Jin-gun, Jin-gun, Sin-si, Sin-si, Sin-si, the name of the address column by using the official approval color pen; (c) the lease amount column; and (d) the lessee column as “A” and the lessor’s name as “J” and affixed the seal in the name of the third representative director of Sin-si,

Accordingly, for the purpose of exercising, the defendant has forged one copy of the real estate rental contract in the name of the C representative director of the KJ, which is a private document concerning rights and obligations.

2. On February 9, 2018, the Defendant: (a) borrowed 16 million won from G’s residence located in Seo-gu, Chungcheongnam-gu; and (b) delivered the forged real estate rental contract as if it were a document duly formed, as security, to G with knowledge of such forgery; and (c) exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal report (D telephone conversations for reference) and a criminal investigation report (the details of transactions of ABS for Suspects);

1. Application of Acts and subordinate statutes to a real estate lease contract and a notice of assignment;

1. Relevant Articles 213 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor for the crime

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's crime of sentencing under Article 62-2 of the Social Service Order Act is the reason for sentencing.

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