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(영문) 춘천지방법원 원주지원 2018.06.05 2018고단389
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant of a private document forgery is related to D and 6 degree of relationship, the owner of a parcel of Gangwon-do C (hereinafter “instant parcel of land”).

Although the Defendant did not have the right to dispose of the instant land, the Defendant leased the instant land to another person with three lots of land, such as F, G, H, etc. (hereinafter “Defendant-owned land”) owned by the Defendant under the name of H, and thought to receive rent.

On December 10, 2013, the Defendant explained to J that “A (Defendant) is a land owner E and D, both within the territory of the land owner E and D,” and concluded a contract with J to lease the land of this case with the land owned by the Defendant at the residence located in G of Gangwon-gun, Gangwon-do on December 10, 2013. He confirmed that “A (Defendant) is attached to the column for the terms and conditions of the farmland lease agreement, and D is a self-style.

“,” written “E, A, and D” in the lessor column to affix D’s seal, thereby forging a copy of the farmland lease agreement in the name of D, a private document on rights and obligations.

2. The Defendant exercised the above investigation document by delivering the forged farmland lease contract to J at the above time and place, and exercising the forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or J;

1. Application of Acts and subordinate statutes to the original farmland lease agreement;

1. Relevant Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; and the choice of imprisonment for a crime;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of the punishment under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of recommendation] There is no basic area (6-2 years from forgery, alteration, etc. of private documents) [the person who is subject to special sentencing] [the decision of sentence] of the crime is an inferior crime, and the transfer of attitude after the crime was considerably defective due to the crime of this case, such as making a vindication that is difficult to obtain in the course of investigation, and the crime of this case D and J, etc.

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