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(영문) 인천지방법원 2017.07.06 2017고정254
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around August 19, 2013, the Defendant prepared a private document for qualification gathering: (a) on the column for “real estate indication” of the site for a real estate lease contract printed by using a verification color pen at the D Authorized Brokerage Office located in Nam-gu Incheon Metropolitan City, Incheon Metropolitan City’s office; (b) on the 2nd floor of the building, Incheon Metropolitan City, No. 202, No. 242.3 square meters of the second floor, No. 202, No. 242.3 square meters of the building 2, no. 55.5 square meters of the 5th floor, no. 697.67 square meters of steel-rest, the second floor; (c) on the deposit basis; (d) KRW 2,000,000 won of the down payment; and (e) on the 22th day of August 22, 2015; and (e) on the 19th day of August 19, 2013.”

Accordingly, for the purpose of exercising, the Defendant drafted a chapter on the lease of real estate, which is a private document on rights and obligations, using the qualification of G's agent.

2. The Defendant, at the time and place specified in Paragraph 1, delivered the real estate lease agreement prepared as mentioned above to the lessee H who is unaware of the fact at the time and place, and exercised the private document as if it was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness G, and the witness I's partial statement;

1. Loan agreement (I), real estate lease agreement, and receipt;

1. The application of Acts and subordinate statutes to a criminal investigation report (to attach data submitted by a complainant);

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime (a point of preparing private documents for qualification) and Articles 234 and 232 of the Criminal Act (a point of uttering of private documents prepared for qualification) and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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