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(영문) 서울남부지방법원 2013.11.27 2013고정2277
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.

Reasons

Punishment of the crime

The Defendant, while operating a restaurant with the name of “C”, was unable to pay the card use fee to the card company. As the card company concerns that the Defendant’s seizure of the Defendant’s lease deposit against the above C, the Defendant was able to avoid seizure by changing the lessee under the real estate lease agreement against the above C from the Defendant to the name of Defendant’s father, his father.

1. On January 31, 2012, the Defendant forged a real estate lease agreement in the name of H, a private document for the purpose of exercising his/her seal affixed by the Defendant at his/her own discretion on his/her name, stating “C E”, “F”, “G”, and “H” in the name column of the lessor’s resident registration number column in the real estate lease contract for the said restaurant at the “C” restaurant located in Yangju-si, Yangju-si, and Yangju-si, and forged one copy of the real estate lease agreement in the name of H, a private document for the purpose of exercising the right and duty.

2. On February 17, 2012, the Defendant: (a) filed an application for registration of a business with an employee in charge of being aware of the forgery with the Government Tax Office, 350, Dong 350, Dong Do Do Do - and exercised the forged real estate lease contract as if the contract was duly concluded.

Summary of Evidence

1. Court statement by the defendant to the effect that documents have been prepared and exercised;

1. Examination protocol of the accused by prosecution;

1. Third police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to a real estate lease contract and materials submitted by a complainant;

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 fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of constructive acceptance of the provisional payment order under Article 334(1) of the Criminal Procedure Act.

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