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(영문) 창원지방법원 2019.01.10 2018고단2504
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, who is the owner of Changwon-si B building C, was the outside third village of D, which is the owner of Changwon-si B building C, without obtaining the consent of D, to lease it to a third party without obtaining the consent of D.

1. On June 16, 2017, the Defendant forged a private document and the uttering of the said private document: (a) at the G Office located under subparagraph f of the building in Sungwon-si, Sungwon-si; and (b) at the G Office, Changwon-si, Sungwon-si, the Defendant did not obtain any delegation from D of the authority to “Seongwon-si, Sungwon-si B building Ch”; (c) stated to the effect that he/she delegated all the authority related to the above H lease with a color-shaped pen; and (d) stated to the effect that he/she delegated all the authority related to the above H lease, “the delegating person” shall write D’s name and affix his/her seal imprint affixed thereto; (d) stated D’s name in the lessor’s column of the monthly rent contract; and (e) affixed D’s seal imprint in advance, thereby forging the power of attorney and monthly rent contract, which is a private document related to rights and obligations; and (d) presented it to I, respectively, and exercised it.

2. At the same time and place as in paragraph 1, the Defendant committed the act as if he were delegated with the authority to lease from D, the owner of the said H, by forging the power of representation, etc. in the name of D and presenting it to the victim I. However, the Defendant was not delegated any authority from D. In fact, the Defendant received KRW 30 million from the victim as a deposit for lease, and obtained it through the Defendant’s post office account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement of the police officer to I;

1. A complaint;

1. A copy of a monthly rent contract, certificate of personal seal impression (D), proxy copy, and details of account transactions;

1. Application of the Act and subordinate statutes of the Investigation Report (No. 6,7)

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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