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(영문) 대구지방법원 2018.11.09 2018고정526
사문서위조등
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 10, 2012, the Defendant: (a) decided to lease “A-owned building in the Daegu Metropolitan City, Dong-gu, and Dong-gu, Seoul” at D offices operated by C in Daegu-dong-gu, Daegu-gu, Daegu-gu; and (b) ordered F, an employee of the Defendant, to prepare a lease agreement in G’s name.

F according to the direction of the Defendant, the F entered “G’s name in the lessee’s name column” in the Daegu-dong-gu Ha 2nd floor of “The lessee’s name column” in the form of the real estate lease agreement.

Accordingly, for the purpose of exercising, the Defendant had F, who did not know whether G consent was given, forged one chapter of the real estate lease agreement in the name of G, which is a private document on rights and obligations.

2. The Defendant exercised the said investigation document by allowing F to deliver a forged real estate lease agreement to C, a lessor who is aware of the forgery at the same time and at the same place, as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Statement of G in the protocol concerning the examination of the police officers against the accused;

1. Statement made by the police against C;

1. A real estate lease agreement;

1. Application of statutes governing judgment;

1. Relevant Article of the Criminal Act, Articles 231, 34(1) (the occupation of the same Article as private documents), Articles 234, 231, and 34(1) (the occupation of exercising the said investigation document) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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