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(영문) 대전지방법원 2015.11.11 2015고정1087
사문서위조등
Text

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

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

Reasons

Punishment of the crime

On February 15, 2015, the Defendant: (a) entered into a lease deposit of KRW 20 million (20 million) and KRW 450,000 (4.5 million) in Daejeon-dong, Dong-gu, Daejeon-gu, 103 Dong-gu, 903; and (b) concluded a monthly lease contract with the victim C by forging the lease contract in the name of the victim; and (c) was willing to use

On March 7, 2015, the Defendant forged private document: (a) on March 7, 2015, 2015, using a warranty protocol on the paper for apartment pre-sale contract; (b) “B 103 Dong-dong B103 Dong-gu 903; (c)” in the indication column of real estate using a warranty protocol on the paper for apartment pre-sale contract; (d) “Japan 120,00,000”; (b) “on February 15, 2015” in the column for contract date; and (c) “ Address: 203 Dong-dong Dara, Dong-dong 203; (d) E, resident registration number: E, and name of the lessor; and (d) “ Address F, 301, resident registration number: G and name: C”; and (c) the Defendant affixed the victim’s seal voluntarily affixed by the Defendant on his name.

Accordingly, for the purpose of exercising, the defendant forged one set of apartment lease contract in the name of the victim, which is a private document on rights and obligations.

B. On March 9, 2015, the Defendant: (a) borrowed KRW 1 million from H who was aware of the forgery from the foregoing B Apartment 103 903, 2015; (b) delivered the forged pre-sale contract as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of the monthly rent contract for apartments and the notice of assignment of claims;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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