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(영문) 서울서부지방법원 2018.01.11 2017고정238
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 13, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Western District Court, and the said judgment became final and conclusive on December 21, 2017.

1. On July 5, 2012, the Defendant, in Dongdaemun-gu Seoul Metropolitan Government, stated the fact in the real estate lease agreement column for the purpose of exercising the authority delegated by D to lease a building without permission on the ground at the above address, that “Seoul Dongdaemun-gu, Seoul, the deposit column for the lease of real estate; “C, 3,000 won” in the deposit column for the lease of real estate; “A shall prepare D agent A and contract; “A shall receive the down payment and balance;” and “A” in the name of the lessor; and stamped the Defendant’s seal next to the name.

Accordingly, the defendant, who is qualified as a representative of D, prepared a chapter on the lease of real estate, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in Paragraph 1, exercised a real estate transaction contract, which was prepared with qualification as described in Paragraph 1, to E, who is aware of the fact that the contract was duly formed.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Application of Acts and subordinate statutes to a real estate lease agreement and investigation report (to hear statements from a witness E phone);

1. Relevant Article of the Criminal Act, Article 232 (Preparation of Private Document for Qualification) of the Criminal Act, Articles 234 and 232 of the Criminal Act, and the choice of fines for the crime (the occupation of uttering of Private Document for Qualification Preparation), and Article 232 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant, as stated in the facts constituting the crime in the judgment, by deceiving G and entering into a lease contract by means of deceiving D’s agent qualification as a proxy, etc., thereby deceiving G from the name of the deposit money for lease.

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