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(영문) 부산지방법원 2015.07.02 2015고정250
사문서위조등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 25, 201, the Defendant forged private documents: (a) written in advance without authority for the purpose of uttering at a sub-resident in Busan (hereinafter referred to as “Usan-dong C”; (b) in the structure column, “Tinsan-gu C”; (c) in the deposit column, “B million won”; (d) in the lessor column, “D”; and (e) in the lessee column, “E” were affixed with a prior seal.

As a result, the Defendant forged a set-off contract in the name of D, which is a private document on rights and obligations.

2. On November 201, 201, the Defendant: (a) delivered the forged pre-sale contract to the victim F, who was unaware of the fact, at the influence of Busan (hereinafter referred to as the “influence”); and (b) exercised the pre-sale contract as if it was duly formed.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes on the lease contract;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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