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(영문) 대구지방법원 2019.09.19 2018고단4863
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 2016, the Defendant forged private document: (a) at the CMyeon Office located in Daegu-gun District, the Defendant entered the “G” column in the “T” column, “E” column, and “name” column in the real estate lease agreement; and (b) affixed the F seal on the name side of the “G” column.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in F, a private document on rights and obligations.

2. Around February 24, 2017, the Defendant applied for a loan as if he/she were to repay it in the absence of the intent or ability to repay it in accordance with the agreement even if he/she received the loan. As described in paragraph (1), the Defendant issued a forged real estate lease contract to an employee of the victim company who is aware of such fact as if he/she was a genuine real estate lease contract, and received KRW 30 million from the victim company for the same day as a loan from the victim company, from that time until September 1, 2017, and subsequently acquired the forged private document on three occasions, such as in the attached list of crimes, by exercising the private document and by taking the total of KRW 60 million under the name of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and J;

1. Each police statement of K and L;

1. A certificate of M;

1. A complaint;

1. Each credit transaction agreement;

1. A real estate lease contract;

1. The application of Acts and subordinate statutes to the notification of the transfer of claims for lease deposit, the notification of claims for lease deposit, the notification of the transfer of claims for lease deposit, and the application of contracts for transfer of possession;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment with labor for each type of crime;

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

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