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(영문) 대구지방법원 2012.11.07 2012고정1179
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, who is the owner of the building C in Busan Metropolitan City, received money from the victim G to purchase F stores located in the above building under the name of the deposit and received the difference from the actual deposit in the name of the deposit.

1. On February 14:00 on February 7, 201, the Defendant forged private documents at the Defendant’s I office located in Daegu-gu Office, Daegu-gu, Daegu-gu, stating in the real estate lease agreement the “location” in the “location” column, “10,000 won,” “60,000 won,” and “D and E” in the “rent” column, and affix the seal of D and E, which were inserted in advance onto the name of D and E.

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

2. The Defendant: (a) delivered a forged real estate lease contract to G who is aware of the forgery at the time, time, and place under the preceding paragraph as if it were a document duly formed; and (b) exercised it.

3. On January 10, 201, the Defendant, at the same time and place as mentioned in the preceding paragraph, proposed a forged real estate lease agreement to the victim G, by deceiving the victim as if the above lease agreement was a genuine document, and had the victim acquire pecuniary benefits equivalent to the same amount by allowing the victim to substitute for the payment of KRW 10 million to the Defendant lent to the Defendant on January 10, 201.

Summary of Evidence

1. Witnesses G and E respective legal statements;

1. Partial statement of the witness J;

1. Partial statement of each police interrogation protocol against the accused;

1. The police statement concerning G;

1. A complaint;

1. Copy of each lease contract;

1. A copy of the certificate;

1. A copy of each bankbook;

1. Application of statutes on a copy of each contract;

1. Relevant Articles 347 (1), 231, and 234 of the Criminal Act concerning the facts constituting an offense and Articles 347 (1), 231, and 234 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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