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(영문) 서울중앙지방법원 2017.05.25 2016고단8334
사문서위조등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendants, as married couple, have leased and resided on March 16, 2013 on the condition that the deposit amount of 20 million won in Seoul, monthly rent of KRW 70,000,000, and the contract period of 2 years in Seoul, Gangnam-gu, Seoul.

After the death of the deceased E, the Defendants were demanded from G to inherit the ownership of the said tenement house from the deceased E, and H to leave the said apartment house on December 2, 2015, the Defendants concluded that the agreement for the lease of real estate under the name of the deceased E was forged and that there was a large amount of claim for the return of deposit.

The Defendants, using a computer network protocol at a place in which the date of 2016 was unknown, stated that the Defendants’ title “The real estate lease agreement” was entered as follows:

1. 82.35 M2, boiler room 4.08 M2, in the column of the Gangnam-gu Seoul Metropolitan Government F and the part leased in the column of the location where real estate is indicated;

2. The balance 130,000,000,000,000 in the column for guarantee of contractual terms (Won 130,00,00,00) shall be paid and received at the time of the contract, the sum 10,00,000,00 won in the contract column shall be paid and paid on December 4, 2014.

The sum total of KRW 10,000 shall be paid on the 3th of each month.

“E, etc.” written in the lessor’s column, and then printed out it using the printer, and without permission, affixed the seal of the above network E in possession of it next to the name.

Then, around March 30, 2016, the Defendants sent the forged real estate lease agreement to the above G and H's mother-friendly I by facsimile.

As a result, the Defendants conspired to forge and exercise the real estate lease contract in the name of the network E, a private document on rights and duties without authority for the purpose of exercising the rights and duties.

Summary of Evidence

1. Each legal statement by the Defendants (as at the fourth public trial date);

1. Legal statement of a witness I;

1.Each.

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