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(영문) 인천지방법원 부천지원 2016.09.30 2015고단2480
사문서위조등
Text

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

Reasons

Punishment of the crime

[2015 Highest 2480]

1. On January 28, 2013, the Defendant entered into a contract for construction of officetels in D and Bupyeong-gu Incheon Metropolitan Government E with the owner of the building around January 28, 2013.

According to the above construction contract, although the main owner of the building and the defendant are to decide on the sale of buildings in consultation, the defendant, in order to borrow money in order to raise the construction fund and provide it as a collateral, he prepared a seal of the owner D to prepare a contract for the sale of buildings in the name of D.

A. On February 17, 2014, the Defendant forged a private document: (a) indicated “4th floor 411”; and (b) indicated “65,00,000” in the column of the selling price, using a package of the real estate in the real estate indication column of the purchase contract paper printed for the purpose of uttering at the office of office of office of office of office of office of office of Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (c) written D’s name in the column of the seller of the sale price; and (d) written D’s name in the column of the seller of the sale price;

D’s seal, including preparing a written contract for the sale of D’s name, and by the same method until February 3, 2015, the sales contract in the name of D, which is a private document on rights and obligations, was forged nine times in total, as shown in the list of crimes, by the same method.

B. On February 17, 2014, the Defendant exercised nine copies of the sales contract forged via nine times in total, as described in the attached list of crimes, from the office of sales in the officetel as described in the above paragraph (a) to F as if the contract for sales was duly completed as described in the above paragraph (a), and using the same method until February 3, 2015.

[2016 Highest 1305]

2. The Defendant, as described in paragraph 1, agreed to settle the construction cost through the sale and lease of the above officetels in consultation with the owner of the building. However, the Defendant, who is urged by the creditors to perform the obligation related to the construction cost, voluntarily sells the officetels using the agreement for sale in lots.

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