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(영문) 인천지방법원 2013.09.26 2013고정3111
사문서위조
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

1. On August 201, the Defendant: (a) in order to borrow KRW 6 million from C in the residence of the Defendant of the Nam-gu Incheon Metropolitan City, Dong-gu B; (b) in spite of having concluded a lease contract with the lessor for KRW 1 million with the lease deposit, the Defendant: (c) had the lessor prepare a lease contract in which the lease deposit is KRW 10 million; (d) had the lessor take the mind of forging the above lease contract; and (e) had D prepare a lease contract in which the lease deposit is KRW 10 million; and (e) had D prepare a lease contract in which the lease deposit is KRW 10 million is KRW 10 million.

2. On September 1, 2011, the Defendant: (a) granted a false lease contract of KRW 10 million in the name of E to C with the request of D, as described in paragraph (1), from the residence of the Nam-gu Incheon Metropolitan City F on September 1, 2011; and (b) exercised it as if it was a genuine lease contract that was concluded in the process of borrowing money from C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of C;

1. Real estate lease contract;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 231 and 31 (1) of the Criminal Act that apply to the crime, the choice of punishment, and Articles 234 and 231 of the Criminal Act: Selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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