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(영문) 서울서부지방법원 2016.12.27 2016고단3332
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 6, 2011, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on November 14 of the same year.

【Criminal Facts】

1. On February 23, 2010, the Defendant without authority to borrow money from the victim C at the office of Eunpyeong-gu Seoul, Seoul, and without authority, stated in the column for indication of real estate in the form of the commercial monthly rent contract as “Seoul, Eunpyeong-gu, about 21 square meters behind the second floor,” and in the column for the content of the contract, “one million won, KRW 00,000,000” in the column for the contents of the contract, and affixed a seal of D’s name, which was arbitrarily angled to the name following the lessor’s name after stating D’s address, resident registration number and name.

Accordingly, the Defendant forged a commercial monthly rent contract in the name of D, which is a private document on rights and obligations.

2. The Defendant without authority to borrow money from the victim C at the same time, at the same place, and without authority, stated “the left-hand side of Eunpyeong-gu Seoul, the first floor,” and “one million won: the deposit KRW 3,000,000,000” in the terms and conditions column of the contract, and affixed a seal of D’s name, which was arbitrarily angled to the lessor’s name, after stating D’s address, resident registration number and name.

Accordingly, the Defendant forged a commercial monthly rent contract in the name of D, which is a private document on rights and obligations.

3. The Defendant borrowed KRW 20 million from the above C at the same place on the same day, and offered two copies of the forged commercial monthly rent contract to C as a security, as if they were genuine, and exercised it at the same time.

4. The Defendant presented a forged monthly rent contract to the above C at the same place on the same day, and stated that “The real estate office operated by the Plaintiff without this monthly rent contract can not be subtracted. If this is leased KRW 20 million as security, the Defendant would have to pay it without fail after six months.”

However, the defendant.

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