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(영문) 수원지방법원 평택지원 2021.03.05 2020고정363
사문서위조등
Text

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

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant: (a) at the infinite coffee shop located in the Jinsung-si, Eup Do; and (b) even if the Defendant did not obtain consent from C that jointly own the land at Ansan-si, the Defendant entered the current status of co-owners’ share in “the consent to trade of co-owned land” and “the person who agreed to sell co-owned share” in the trade of land D and B, and entered the “name C, resident registration number E, and co-owners’ share 3454.5/69 of co-owners’ share in the column of co-owners.”

The C affixed a seal and delivered it to D using the lag of the C.

Ultimately, for the purpose of uttering, the Defendant forged a copy of the written consent to purchase and sell land of co-owned share, which is a private document on rights and obligations.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A written consent to trade land;

1. A certified copy of the register;

1. As to the attachment of an investigation report (a written statement) [the Defendant was comprehensively delegated to sell the co-owned land as indicated in C’s holding (hereinafter “instant land”). The Defendant prepared and used a written consent to trade co-owned share in C within the scope of such authority, which does not constitute the crime of forging or accompanying a private document, and even without such delegation, the Defendant misleads himself as being understood in light of his attitude. The Defendant argued to the effect that there was no intention to forge or exercise a private document.

However, according to the evidence revealed earlier, including C’s testimony, the Defendant only has been kept with seals from C once for a specific purpose limited to the use of access to the land in the past, and did not have been provided with seals for a comprehensive purpose related to the sale of the land. Accordingly, a series of issues related to the sale of the land from C.

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