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(영문) 창원지방법원 마산지원 2014.07.22 2014고단553
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From around 2008, the Defendant operated the office of “D Licensed Real Estate Agent” of the Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, and has been delegated by K, the owner of J apartment 101 Dong 108 (hereinafter “instant real estate”) to manage the said real estate by managing the building, concluding a monthly rental agreement, and receiving monthly rent.

The Defendant was delegated by K with the authority to conclude a monthly rent lease contract of KRW 5 million and KRW 4 million and monthly rent of KRW 400,000 for the instant real estate, and the Defendant did not have the authority to conclude the monthly rent contract in violation of the contents thereof. After concluding a lease contract by paying the deposit, the Defendant concluded a monthly rent lease contract with the intent to arbitrarily use the difference of the deposit amount delegated by K and then entered into the lessee L and the instant real estate with the KRW 20 million and KRW 200,000 for the monthly rent around June 29, 2012.

1. On June 29, 2012, the Defendant, at the office of the above D Licensed Real Estate Agent, prepared and printed out an apartment lease agreement with the lessee that “K rents the instant real estate at KRW 20 million monthly rent to the lessee L,” without authority, using a computer to exercise the right, and then used the apartment lease agreement with the lessee under the name of K’s name, which is a private document on the rights and obligations, by arbitrarily affixing the seal affixed to the lessor’s name on the part of the lessor’s column, and then forged one copy of the above apartment lease agreement under the name of K, which is a private document on the rights and obligations, and issued it to the said L without authority.

2. On June 29, 2012, the Defendant, without authority, prepared and printed out a receipt stating that “the issuer K received KRW 10 million from lessee L as a loan in relation to the instant real estate on June 29, 2012,” using a computer without authority for the purpose of exercising the same time, at the same place as in the preceding paragraph, and affixed the seal of K to the name of the issuer on his own, affixed it on his own, and forged one copy of the receipt under the name of K, which is a private document concerning the rights and obligations.

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