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(영문) 서울중앙지방법원 2013.04.05 2012고정2080
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the operator of C, a real estate controlled entity, who has been delegated by F, the owner of the building with management duties, such as lease of the building, in relation to E building located in Gangnam-gu Seoul Metropolitan Government D.

A Co., Ltd. was using the second to fifth floor of the above building by Defendant through F. The Defendant requested that the lease contract for the whole building of the above building including the first floor be concluded, and the Defendant provided KRW 2 million under the pretext of repair expenses. The Defendant did not obtain consent from F regarding the conclusion of the lease contract for the whole building of the above building, but did not look at preparing the lease contract for the whole building of the above building.

On January 21, 2011, the Defendant: (a) at C Office located in Gangnam-gu Seoul H building 202, the Defendant: (b) entered the terms “C Office located in Gangnam-gu Seoul H building 202; (c) the term “real estate location: Gangnam-gu Seoul: The first to the five floors above ground; (d) the term “building name”: the first to the five floors above ground; (e) the term of lease: the building on March 2, 2011 to March 1, 201; (b) the total amount of KRW 20 million; (c) the monthly rent: KRW 17.5 million; (d) the management fee; (e) the 2.1.5 million; and (e) entered into the end of that term on January 21, 201; (e) the lessor F and the lessee; and (e) affixed the seal of the F in custody on the name of the said office; and (e) delivered it to G, a stock company without knowledge of the forgery.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the F's lease contract in the name of F, a private document on rights and obligations, and exercised it.

Summary of Evidence

1. Each legal statement of witness I and F;

1. Entry in the copy of the lease contract (No. 5 through 11 pages of investigation record); and

1. Application of the Acts and subordinate statutes of the lease contract (No. 98 pages of investigation record);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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