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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 17, 2017, the Defendant entered the Defendant’s house located in Seocheon-gun, Seocheon-gun, Seocheon-gun, into a sales contract for real estate in the title column using a computer, and entered into a sales contract for the real estate in the real estate indication column in the content column, “The seller and the buyer enter into a sales contract for the said indicated real estate as follows” and “D” in the seller column, and the Defendant was in possession of the said real estate in advance by the name.
D his seal has been affixed.
Accordingly, for the purpose of uttering, the Defendant forged a copy of the real estate transaction contract in the name of D, a private document related to rights and obligations.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Legal statement of the witness D;
1. Statement made by the police against D;
1. The Defendant and the Defendant’s defense counsel stated to the effect that: (a) the explicit or implied consent was given to D; (b) the Defendant paid D totaling KRW 50 million from May 12, 2013 to September 21, 2014; and (c) the Defendant thereafter paid D totaling KRW 50 million with respect to the instant real estate (one-half of D/2 of KRW 1088 square meters in C) as the trust owner, and the Defendant’s trust relationship with D as the trustee, and thus, the crime of forging a private document is not established.
However, the following circumstances, which can be revealed by taking full account of the evidence presented in the judgment, that is, the defendant stated in the police that the contract for the sale and purchase of the real estate of this case was voluntarily prepared by the defendant without the consent of D, ② the statements in the investigation agency and court of D are consistent, ③ the defendant was in a marital relationship with the law
D The payment of money to D as alleged in its claim.
Even if such circumstance alone, it is difficult to recognize that the instant real estate was trusted in the name of the Defendant, and the Defendant was investigated by the police and did not refer to the nominal trust.