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(영문) 대구지방법원 2012.02.08 2011고정1901
사문서위조등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant: (a) knew that the former lessee’s name should be a juristic person in order to register his/her business; (b) prepared a real estate charter agreement; and (c) had the intent to register his/her business using it.

On September 13, 2010, the Defendant: (a) stated F in the location column “Tsung-gu G, H shopping mall No. 8”; (b) “F million won in the deposit column; (c)” in the lease column, “I” in the sub-lease column; and (d) marked “D” in the sub-lease column; and (e) marked I’s seal attached to the name of the above I.D. in advance.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the real estate lease contract in the name of the I, which is a private document on rights and obligations.

2. On September 14, 2010, the Defendant: (a) filed an application for the registration of a tourism business with the Seongbuk-gu civil petition office located in the Daegu Suwon-gu civil petition office for the use of the relevant investigation document; (b) delivered the forged real estate charter agreement to the civil petitioner J, who knows the forgery, as if it were duly constituted.

3. Around November 24, 2010, the Defendant received KRW 418,900 from an employee M upon a request from the employee M to deliver the same to the victim at the L coffee shop operated by the Daegu Suwon-gu L. Around November 24, 2010.

While the defendant kept the above sales money for the victim, on November 25, 2010, he arbitrarily used it as the credit card settlement money of the defendant.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K and M, and part of witness F in the legal statement;

1. Each police statement of K and M;

1. A copy of the real estate lease contract, a copy of the sublease contract, a certified copy of the real estate register, a copy of the real estate lease contract ( September 6, 2010), a copy of the real estate lease contract, a protocol of liquidity transactions, currency tax details, a copy of the receipt, and a telephone call details;

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