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(영문) 대전지방법원 2012.12.28 2012고단3827
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

One copy of the seized real estate lease contract (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On December 2008, the Defendant entered into a lease agreement with the victim on the first floor of the Daejeon-gu G building owned by the victim F, Daejeon-gu, with the content of three years of contract, deposit money of KRW 20 million, monthly rent of KRW 200,000 (Monthly 30,000,000). On May 26, 2011, the agreement changed into the content of deposit of KRW 10,000,000 and monthly rent of KRW 30,000,000.

In addition, around February 8, 2009, the defendant entered into a lease contract of 3 years, security deposit of 15 million won, and monthly rent of 150,000 won under the name of the defendant H with respect to the second floor of the above building owned by the victim, but the above lease contract was changed to 300,000 won without a security deposit and terminated on the ground of the unpaid rent of 30,000 won on March 201.

Meanwhile, the Defendant had opened and used a credit card in the name of the victim using the victim’s resident registration certificate, etc. from September 30, 201 to December 5, 201 of the same year, and when the lease contract on the first floor of the victim’s building from September 30, 201 to December 30, 2011 was concluded on several occasions by the victim, the Defendant had no intention to renew the lease contract, thereby obtaining a certification to restore the leased object to its original state and deliver it to the victim, he had the victim obtain a false request for the deposit from the victim

1. A contract to forge and use a substitute real estate lease deposit amounting to 70 million won;

A. On September 8, 201 through October 10, 201, the Defendant prepared a real estate lease agreement stating that “The entire building of the 1 and 2nd floor of G G G in wartime is leased at a deposit of KRW 70 million from February 8, 2009 to February 8, 2015,” with the aim of exercising the right at a superscopary site. The Defendant forged a real estate lease agreement in the name of the victim, which is a private document concerning the right and duty by arbitrarily affixing the seal of the victim’s name, stating “I” on the part of the address of the lessor’s column “G in wartime”, “I”, and “F” on the part of the resident registration number of the lessor’s name.

B. The Defendant around October 8, 201.

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