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(영문) 인천지방법원 2020.11.18 2020고단5737
사문서위조교사등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 1, 2018, the Defendant: (a) told B of the fact that “I would like to use money as security at the time I would like to borrow money; (b) I would like to forge a lease contract for multi-family house in the name of the lessor; (c) I would like to forge the lease contract for multi-family house in the name of the lessor C.”

B around that time, at the influent land located in Youngjin-gun, Incheon Spojin-gun, a sub-lease contract for the multi-family house for real estate, B entered “A” in the area where the computer is used in the area of location by using the computer without authority, “C0 million won (Won 30,000,000), “C” in the lessor column, and “A” in the lessee column, without authority.

Accordingly, the Defendant instigated B to forge one copy of the multi-family house lease contract in the name of C, a private document on rights and obligations.

2. On June 20, 2019, the Defendant exercised the lease contract for multi-family houses with a forged real estate, as described in paragraph (1), at a place where it is difficult to know the place below Incheon Metropolitan City, and where he is unaware of such forgery, the Defendant exercised the lease contract for multi-family houses with a forged real estate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to written complaint, written lease contract for multi-family house with forged real estate, notarial deed, certified copy of the register, investigation report, progress in the contract for a loan for consumption of money, investigation report (date, time, place, and recognition of the fabrication of private documents) shall apply;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 231, 31(1) of the Criminal Act regarding the choice of punishment (the points of aiding and abetting the Forgery of Private Document), Articles 234 and 231 of the Criminal Act (the points of uttering of falsified Private Document), the selection of fines [the details and circumstances of the crime of this case, the fact that most of the borrowed money is likely to be repaid by exercising the forged document, and consideration of the criminal records

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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