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(영문) 울산지방법원 2016.7.22.선고 2015고정1381 판결
사문서위조,위조사문서행사
Cases

2015 fixed 1381 Forgery of private documents, uttering of private documents

Defendant

E.A. (64 years, South) No person,

Residence

Reference domicile

Prosecutor

Kim Tae-tae (Court Prosecution) and Kim Un-young (Court Decision)

Defense Counsel

Law Firm Taeyang

[Defendant-Appellee]

Imposition of Judgment

July 22, 2016

Text

Defendant shall be punished by a fine of KRW 5,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal facts

1. Forgery of private documents;

The Defendant, while carrying out the business of selling a commercial building on behalf of 000 d', "00 d' in the Jindo-dong 000, Ulsan-si, Ulsan-si, for the purpose of leasing the office and the four-story parking lot, which is a commercial building owner, to the KimB, the owner of the commercial building, was entrusted with the right to lease the office and the four-story parking lot, which is a commercial building owner. However, the Defendant was willing to prepare a power of delegation to the owner of the commercial building with a certificate of seal impression issued by the owner of the commercial building on the commercial building, although he was not entrusted with the right to lease the office and the four-story parking lot which is a commercial building owner.

A. On September 25, 2012, at the office located on 205, the Defendant stated that “A shall perform all the acts of the terms of the contract on the establishment of a right to lease on a deposit basis with respect to the subject matter of No. 203, U.S., Ulsan-gu, U.S., U.S., Jindo, 00, 200,” “I will go to A.S.A.” on the delegating column, and marked “I.S.C” as “I. M.C” on the letter of delegation, which the Defendant reported the certificate of the personal seal impression of U.S. in advance to the name following the name.

B. At the above date, at the above time, the Defendant arbitrarily stamped the above 23 seal impression, which was created by stating 22 names and addresses of the owners of the commercial building outside the UC in a computer in the letter of delegation, among the power of delegation stating that “a person shall delegate his/her authority to the regularA with regard to the use of the fourth floor parking lot of the building.”

다 . 피고인은 위 일시 , 장소에서 ' 동 건물 138 , 139 , 140 , 141호 상가의 담보 설정에 대한 계약사항 일체의 행위를 정A에게 위임한다 ' 는 내용의 위임장 중 위임인 ( 소유자 ) 란 에 검은색 볼펜으로 ' ( 주 ) * * 일렉콤 ' 이라고 기재한 후 그 이름 옆에 피고인이 위 * * 일렉 콤의 인감증명서를 보고 미리 만들어 둔 * * 일렉콤의 도장을 임의로 찍었다 .

Accordingly, the defendant, for the purpose of uttering, forged three copies of the delegation in the name of the above UC et al., a private document on rights and obligations.

2. Uttering a falsified investigation document;

When the Defendant entered into a lease agreement with the head of the branch office in Ulsan Special Metropolitan City, 000, the head of the branch office in 000, KimB and the above office in 203 and the fourth parking lot in the above time and place, each of the delegation forged by the above method was presented to the above KimB as if they were genuinely constituted.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Article 231 of each Criminal Code (Aggravated Punishment of Private Document). Articles 234 and 231 of each Criminal Code (Aggravated Punishment of Private Document)

g) Occupations

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Selection of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Lee Jin-dong

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