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(영문) 서울중앙지방법원 2018.10.31 2018고단4129
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the "D Authorized Brokerage Office" in Seocho-gu Seoul Metropolitan Government C and 3.

1. No broker, etc. who has violated the authorized brokerage private law shall receive any money and valuables under any pretext exceeding the fees or actual expenses prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, or a Do within the extent prescribed by the Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, around February 5, 2018, the Defendant arranged a lease contract with lessor G, lessee H, lease deposit of KRW 150,000 with the object of KRW 30,401,000,000 at the above authorized brokerage office of Seocho-gu Seoul, Seoul, and then received KRW 495,00,000 from the lessee, who is a statutory brokerage commission, as a commission, in excess of KRW 45,00.

2. The Defendant: (a) filed a civil petition against the Defendant’s act identical with the Defendant’s No. 1 at the Seocho-gu Seoul Branch of Seocho-gu, Seoul; (b) returned KRW 45,00 in excess of the statutory brokerage commission; and (c) did not receive a receipt from H; (d) forged the receipt to submit it to the Defendant’s office.

A. On March 16, 2018, the Defendant forged private documents: (a) on the receipt form stored on a computer at the same office as that of the former office around March 16, 2018; (b) on real estate in the indication column of real estate by using a computer; (c) on the notice column of real estate using a computer, the Defendant stated that “the Seocho-gu Seoul Metropolitan Government E, Seoul, and 30-dong 401, F apartment of 30-dong 401; (d) refund for excess brokerage commission due to an error in cash receipt at the time of cash transfer; (e) on the issuer’s lawsuit, the Defendant stated that “the Gyeonggi-do Government Government I”; and (e) on the issuer’s lawsuit, “05 days from the date of issuance” as “the recipient’s name”; and (e) stated “D real estate” in

H’s signature was written in an unwritten manner.

Accordingly, the Defendant forged a receipt in the name of H, which is a private document on the rights and obligations of others.

(b).

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