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(영문) 대전지방법원 홍성지원 2012.11.28 2012고정232
사문서위조등
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. Around August 3, 2010, the Defendant forged private document: (a) indicated that “The sales contract for sales of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership

Accordingly, the Defendant forged a sales contract in the name of E, which is a private document on rights and obligations.

2. The Defendant, at the same time and place as set forth in paragraph (1), issued to H a forged contract for sale and purchase of the housing site for migrants as stated in paragraph (1) and exercised the said contract as if it were a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to the protocol of examination of witness;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the uttering of a relevant investigation document heavier than the hostage) among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument that E would be able to dispose of the instant right to sell the instant land to another person (such as “A” and “one other” are supported by the buyer column between the Defendant and E). The preparation of a sales contract in the name of E, the buyer of which, based on such consent, the Defendant as the buyer, and the delivery of the contract to H, is the forgery of private documents and the document.

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