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(영문) 의정부지방법원 2018.11.15 2017고단3996
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 19, 2013, the Defendant entered into a lease agreement with C, a real operator of B, a Co., Ltd., with the content that he/she leases three lots of land and buildings on the land (hereinafter “instant real estate”) located in Namyang-si, Namyang-si and three lots of land (hereinafter “instant real estate”).

At the time, the Defendant, on April 29, 2013, entered into a contract with B, in the column of the date of entering into the contract with B, entered into a lease agreement in which the Defendant, on April 29, 2013, KRW 35 million in the gold column of the lease guarantee, KRW 2 million per month in the rent column, and KRW 2 million per month in the lessor column B and the lessee column, respectively.

On July 2014, the Defendant: (a) registered a business operator in the name of the wife F in the instant real estate; (b) and (c) tried to forge the lease agreement by modifying the column of the lessee of the said lease agreement to F in order to engage in accommodation business with the trade name of “G penture”.

On July 19, 2014, the Defendant drafted a new lease agreement by reproducing the column on April 19, 2015, which was the date of concluding the contract for the self-lease agreement, as revised on April 19, 2015, as F, with the modified amount and the pentle in the G pentan-si located in Namyang-si, Namyang-si.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the lease contract under the name of B, a private document on rights and obligations.

2. On July 2014, the Defendant: (a) registered a business operator in the name of F at the Namyang-ju Tax Office around the Republic of Korea; (b) submitted the forged lease agreement to a public official in charge of the said tax office, who may know of the forgery, as if it was duly prepared.

3. On June 10, 2016, when the Defendant did not pay the rent, B, the Defendant filed a lawsuit seeking delivery of the instant real estate on the ground that the lease contract was terminated and won. Based on the above judgment, B filed an application for execution of notification of delivery of real estate.

Enforcement Officers found the instant real estate on June 28, 2016 and executed a notice of delivery of real estate.

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