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(영문) 창원지방법원 마산지원 2017.03.15 2017고정51
사문서위조등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On November 201, 201, the Defendant forged private documents: (a) in the residence of the Defendant (hereinafter “instant real estate”) located in Gyeongnam-gun, Gyeongnam-gun, and in order to file an application for the improvement of the roof of the instant real estate (hereinafter “instant real estate”); (b) deemed that there is no lease agreement at the time; (c) in the monthly rental agreement form, he/she had the intention to arbitrarily forge the instant real estate; (d) on the monthly rental agreement form, he/she stated that the amount equivalent to KRW 18,00,000 of the instant real estate building is KRW 50,000 per month and KRW 70,000,000 per annum from C without a deposit; and (d) stated the name, resident registration number, and other personal information in the lessee column; and (e) had been kept in advance subsequent to his/her name.

D A copy of a real estate lease agreement in the name of D, which is a private document on rights and obligations, was forged for the purpose of exercising the seal of the name.

2. On March 2016, the Defendant: (a) requested a lawsuit, such as consolation money, from an attorney-at-law's law office located in Seongbuk-gu, Changwon-si, Sungwon-si, for the failure of de facto marriage with D; (b) presented the forged contract under the pretext of evidentiary materials to the attorney-at-law who is unaware of the fact that it was a document duly formed; (c) around August 8, 2016, the Defendant had the said attorney submit the said contract as evidentiary materials in the relevant family litigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Evidential materials;

1. To describe the agreement on the lease of real estate and to apply the existing Acts and subordinate statutes (47 pages of investigation records);

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

2. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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