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(영문) 부산지방법원 2016.08.11 2016고정1593
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to a suspended sentence of two years on August, 2016, due to a crime of fraud, fabrication of private documents, or fraud in the above investigation document from the Busan District Court, and the judgment became final and conclusive on February 25, 2016.

1. On February 3, 2012, the Defendant: (a) written, “F,” and “D,” respectively, in the lessor’s major disturbance of a real estate lease agreement without the Defendant’s mother-friendly consent, from 163 to 163 of the 2nd floor C building located in the Dong-gu Busan Metropolitan City; and (b) written, “F,” and “D,” in the lessor’s major disturbance of a real estate lease agreement.

Accordingly, the Defendant forged one copy of the real estate lease agreement in the name of D, a private document on rights and obligations.

2. The Defendant presented the forged real estate lease agreement to a person who is aware of such fact at the law firm H located in Jung-gu, Busan at the time of the day indicated in paragraph 1 and exercised the said investigation document.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. A process certificate or a copy of a real estate lease contract;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the previous and final judgment) and conet search outputs related to the statute;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the punishment shall be mitigated, taking into consideration the equity between the cases where a judgment is rendered simultaneously with the cases of fraud, etc. for which judgment

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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