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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On June 29, 2012, the Defendant, along with B, paid a deposit of KRW 1 million from E, the lessee of the building in question, in the form of monthly rent of KRW 5,00,000,000, as the monthly rent, and operated the manufacturing company with the trade name of “F company” and “G company,” respectively.
The defendant and B conspired to use a lease contract with the knowledge that they can obtain a loan as security from financial institutions by submitting a real estate lease contract to financial institutions.
Accordingly, around June 2013, the Defendant and B stated in the location column of the real estate sub-lease contract in the above G company’s office as follows: (a) the name of the above D, “B million won,” “B million won,” “ from June 18, 2012 to June 18, 2014,” and “from June 18, 2014,” respectively, in the leased term column, the facts charged in this case in the sub-lease “10-104, Busan Northern-gu H apartment, 10-104,” is written as “10-11-4, but it is obvious that it is a clerical error.” (b) the Defendant and B stated “I and D” as “I and D,” and affixed a seal affixed to the above D’s name, which was rejected in advance.
Accordingly, the defendant, in collusion with B, forged a sub-lease contract in the name of D, a private document related to a certificate of fact, for the purpose of uttering.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol concerning B;
1. Application of Acts and subordinate statutes on sublease of real estate;
1. Relevant provisions of the Criminal Act and Articles 231 and 30 of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;