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(영문) 청주지방법원 2017.09.05 2016고단2646
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 9, 2015, the Defendant forged private documents: (a) at the office of the C, located in the territory of the Cheongju-si, the Cheongju-si, and (b) as if the Defendant was delegated with the authority to prepare a lease agreement from D, the Defendant: (c) stated D’s seal and identification card; and (d) stated C in the form of the real estate lease agreement, “Jincheon-gun, Jincheon-gun, Jincheon-gun, E; (c) in the deposit column; and (d) stated D’s seal in the lessor column, subsequent to the name.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the lease agreement of real estate in the name of D, a private document on rights and obligations without authority.

2. The Defendant exercised the aforementioned investigation document as if he were a document duly formed with respect to the forged real estate lease agreement, at the time and place specified in paragraph (1) above, to G who was aware of the forged fact.

Summary of Evidence

1. Each legal statement of witness G, H, C, and D;

1. A protocol concerning the examination of suspects of G to the prosecution (including theC statement part);

1. Each police statement made to D, H, and C;

1. To describe and present a copy of a real estate lease agreement;

1. In the investigation report (the statement hearing report by the complainant), the defendant and his defense counsel (the defendant and his defense counsel had the authority to enter into a lease contract because they were delegated by D with the authority to sell and purchase, etc.) and ② although a real estate lease contract with a security deposit of seven million won was prepared, the real estate lease contract with a security deposit of nine million won (hereinafter “real estate lease contract of this case”) did not state or exercise it as stated in the facts charged.

Comprehensively taking account of the above evidence, D, the owner of the above real estate, is between the defendant and the divorced, and there was no delegation or permission of the contract for the sale or purchase of the above real estate to the defendant, and the above real estate from the Jincheon Credit Cooperative around July 2016.

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