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(영문) 부산지방법원 2014.03.14 2013노3913
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that R does not have the authority to grant the defendant a comprehensive disposal right for the Busan East-gu C building, and even if the agreement of this case is based on the content of the letter of confirmation of the execution, it cannot be deemed that the defendant has a comprehensive disposal right for the C building including the right to conclude a lease contract. Therefore, the judgment of the court below which acquitted

2. Summary of the facts charged

A. On October 2010, the Defendant forged a private document with the permission for use of the name of E, the representative registered in the registry book of Da Co., Ltd. around 201, the Defendant entered the lease agreement in the office of 201 of the second floor of the C building in Busan Dong-gu, Busan, with the permission of use of the name of E, the representative registered in the registry book of Da Co., Ltd., and marked “F building 1306 in the column of the address of the lessor,” “G” in the column of the corporate registration book, “H and name column” in the column of the telephone column, and affixed the I’s seal.

Accordingly, the defendant forged one lease contract in the name of I, a private document on rights and obligations for the purpose of uttering.

B. On March 22, 2011, the Defendant: (a) drafted a lease agreement with K and the actual operator of the “J” office at the office of the third floor 301 of the C Building on March 22, 201; (b) entered the lessor’s address column “F building 1306” and “G” and “H” and “H” in the resident registration number column and the name column; and (c) affix the owner’s seal, which had been kept in front of the I’s name.

Accordingly, the defendant forged one lease contract in the name of I, a private document on rights and obligations for the purpose of uttering.

(2) The Defendant, at the same time and place as Paragraph 2-B (1), exercised the forged lease contract as if it was actually formed with K as if it was actually formed.

C. On November 8, 2011, the Defendant: (a) forged private documents; and (b) uttering of the said private documents (1) around November 8, 201, the second floor of the C Building 201.

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