logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.03 2014고단7261
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2005, the Defendant, despite having concluded a lease contract with the lessee C for 2 years with respect to the housing of the 1st floor B in Gangnam-gu Seoul, Seoul, which was owned by the Defendant, with a view to forging the above lease contract to obtain a loan from the savings bank as a monthly rent contract.

1. On November 2009, the Defendant forged private document at E office located in Gangnam-gu Seoul Metropolitan Government D on November 1, 2009, entered “Min million won” in the deposit column for the land for lease contract, “Min million won” in the balance column, “Min million won” in the column for rent (monthly rent), “Seoul-gu 29 Dong 307, G, H, A representative I” in the lessor column, and “Seoul-gu J, Gangnam-gu, Seoul, J, K, and C” in the lessee column, and affixed C’s seal affixed to C’s name.

In this way, for the purpose of exercising rights and obligations, the Defendant forged one copy of the real estate lease contract in the name of C, which is a private document.

2. On November 2009, the Defendant: (a) borrowed approximately KRW 600 million from the New Savings Bank located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and (b) submitted a forged real estate lease agreement to an employee under his/her name who is aware of such forgery and exercised it as if it was genuine.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police concerning L;

1. C Complaints;

1. Application of Acts and subordinate statutes on a lease contract, receipts whose deposit money is increased, or forged lease contract;

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 imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.

arrow