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(영문) 서울남부지방법원 2017.11.10 2016고정2220
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 4, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to the charge of forging private documents at the Seoul Eastern District Court, and the judgment became final and conclusive on June 29, 2015.

1. During the construction of a new urban-type residential house in Guro-gu Seoul Metropolitan Government, the Defendant, while working for the construction of a new urban-type residential house in Guro-gu, ordered C to give a subcontract for a fire door and window-building construction and demanded C to provide a security for the construction cost, he/she had the intent to prepare a lease contract for the building.

However, the defendant did not have been granted the right to lease the building from D, the owner of the building, or delegated the preparation of the lease contract.

On April 13, 2013, the Defendant: (a) stated in the column for the location of the site for the real estate lease contract, “Seoul Guro-gu E”; (b) the deposit column; (c) the lessor’s agent column; and (d) indicated “A” and “C” in the lessor’s agent column; and (d) affixed the Defendant’s seal next to the name of the said A.

Accordingly, the defendant, for the purpose of exercising the above D's representative qualification, prepared a chapter of the real estate lease contract.

2. The Defendant, at the same time and place as Paragraph 1, exercised a private document with qualification to C, who is aware of the fact that the real estate lease agreement drawn up was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A real estate lease agreement;

1. Previous convictions in the judgment: Inquiries about criminal history, investigation reports (the previous convictions of the previous convictions), reporting results of previous convictions in the disposition, copy of the judgment of the second half of 2014, second half of 370, second half of 2014, second half of 2014, second half of 1793, and copy of the Supreme Court Decision of 2015Do648 shall apply;

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime (a point of preparing private documents for qualification) and Article 234 of the Criminal Act, and the choice of fines, respectively;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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