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(영문) 부산지방법원 2014.04.03 2013고단7410
사문서위조등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

Defendant

B, there is a defect that money needs to be paid in order to carry on the business, and the defendant A conspired to forge the lease contract and to acquire money by taking the contract as security.

1. On April 29, 2010, the Defendants: (a) indicated the forgery of private documents; (b) on the coffee shop located in the north-dong, Busan-dong; (c) issued H’s seal affixed to H’s name and affixed it to H’s seal affixed to H’s name, and then delivered as if the forged real estate lease contract was genuinely formed to I, even though he was aware of the forgery.

As a result, the Defendants forged one copy of the real estate lease contract in the name of H, which is a private document on rights and obligations for the purpose of exercising their rights, and used a forged lease contract.

2. In fact, even if the Defendants borrowed money as security for the deposit of the real estate lease contract at the time and place under Paragraph 1, the Defendants would not have any intent or ability to repay the money. However, if the Defendants borrowed 35 million won to the victims I, they would start the business with the store in Busan Northern-gu and pay 350,000 won interest each month.

I wish to prepare a lease contract as security for it.

‘Falsely speaking', as in paragraph 1, the victim issued a forged lease contract to the victim, and it was received 35 million won from the victim to the Busan bank account in the name of J (the husband of the defendant A) on the same day.

Summary of Evidence

1. Each legal statement of the defendant A (part) and B;

1. A witness B and I's respective legal statements;

1. Application of Acts and subordinate statutes governing filing complaints, real estate lease contracts, written confirmation of details of transactions, and cash custody certificates;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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