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(영문) 서울중앙지방법원 2013.12.06 2013고정2129
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant jointly owned Category C, D, and Seocho-gu Seoul Seocho-gu E-B lending No. 202, with the intention of receiving the deposit money from the lessee to use the difference for an individual purpose, and forging the lease contract.

1. On August 19, 2008, the Defendant: (a) indicated, within the scope of 202, a flabba 202, that “The Seocho-gu Seoul Metropolitan Government E-building No. 202, C, and D” was “A, C, and D” on the lessor’s column using a luxial pen, and affixed a seal of C and D, which had been inscribed in advance, adjacent to the name of C and D.

Accordingly, for the purpose of uttering, the Defendant forged one set of the lease contract in the name of C and D, which is a private document on rights and obligations.

2. The Defendant: (a) leased the above 402 rental loan to lessee F, who is aware of the above forgery; (b) delivered the forged lease contract as if it was duly formed; and (c) exercised it.

Summary of Evidence

1. Each legal statement of witness G, H and F;

1. Report on investigation (as to deposit for lease on a deposit basis);

1. A complaint (including attached data);

1. Entry in a copy of the lease contract (not 36 pages of investigation records) and the application of the Acts and subordinate statutes existing (not excluding the part on which seals are affixed);

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. Determination of the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is made by H and G with the authority to dispose of C, D, or 402, the nominal owner of the instant prior payment contract (hereinafter “instant loan”).

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