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(영문) 서울중앙지방법원 2013.03.28 2012고정5505
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 16, 2007, the Defendant entered into a lease contract with D with a deposit of KRW 10 million, monthly rent of KRW 700,000,000 for the first floor of the 1st floor of the Da building in Won-si. The Defendant was willing to forge a lease contract in order to borrow KRW 10,000,000 by deceiving E as a bond company.

1. On September 2007, the Defendant: (a) stated in the column of the part to be rented out of the third floor in the real estate lease contract form, the Defendant: (b) stated the “C” in the column of the part to be rented out, using the tamp-shaped pen in the form of the real estate lease contract; and (c) indicated the “C” in the column of the part to be rented out; (b) 3,000,000,000,000,000 in the remainder column; (c) stated the “C” in the column of the address of the lessor; (d) indicated the “C” in the “F and D” in the resident registration number column of the lessor; and (c) affixed the seal of the said D arbitrarily ir name he had been aware of by the Defendant.

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

2. The Defendant: (a) borrowed KRW 10 million from the bond business operator E who is aware of the forgery at an unsound place around that time, and exercised the forged real estate lease contract as if it was a document duly formed as a collateral under paragraph (1).

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of a copy of the commercial housing lease agreement, a copy of the real estate lease agreement, a copy of receipt, a power of attorney, and a certified copy of the register;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines for each crime;

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

1. Articles 70 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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