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(영문) 서울북부지방법원 2018.03.30 2017고정1548
사문서위조등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a victim C’s building site and ground (hereinafter referred to as “instant real estate”) of the Chungcheong-gun D site and ground (hereinafter referred to as “the instant real estate”).

A person who, on October 10, 2016, entered into a transaction agreement and purchased as a person on the 12th of the same month.

1. On September 12, 2016, even though the Defendant did not have received delegation from the injured party concerning the exchange of the instant real estate, on or around September 12, 2016, the Defendant prepared an exchange contract on the instant real estate owned by G, using a verification color pen, for the purpose of exercising on the mutual inward real estate located adjacent to the F cafeteria located adjacent to the F cafeteria located in Dongdaemun-gu Seoul Metropolitan Government, Gyeonggi-do, and the victim, and entered the agreement on the exchange of the instant real estate owned by the victim in the transaction column, “Seocheon,00,000 (35,000,000)” in the contract gold column, and entered the agreement in the state column in the column of the contracting party Eul as “the owner of the instant real estate in the name of the victim,” “the owner of the instant real estate in the name of the victim,” “the owner of the instant real estate in the name of the victim,” and “the owner of the instant real estate in the name of the contracting party B.”

2. The Defendant, at the time and place specified in paragraph (1), issued a forged real estate exchange contract to G’s husband L as if it was duly formed, and exercised the contract.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. An investigation report (the currency with the husband L of the G);

1. Application of Acts and subordinate statutes on real estate exchange contract;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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