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(영문) 서울중앙지방법원 2018.10.25 2018고단5935
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 2017, the Defendant received a demand from C to repay KRW 150,000 from C, and the Defendant leased and resided in an apartment house with monthly rent at the lease. As such, the Defendant was willing to be granted a grace period of KRW 300,000 as if there were deposit money of KRW 300,000,000.

1. On September 2017, the Defendant forged a private document: (a) entered and printed out “the lease deposit of KRW 300 million, E, lessor, and lessee F (the de facto spouse of the Defendant)” as “the lease deposit of KRW 300,00,00,00 and KRW 1504,00,000, Incheon Metropolitan City,” using a computer, using the title “the lease of apartment house of KRW 300,00,000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, for the purpose of exercising, the Defendant forged one copy of the apartment lease contract in the name of E, F, and G, which is a private document on rights and obligations.

2. On September 16, 2017, the Defendant: (a) prepared a contract on the transfer of the security deposit for lease on a deposit basis (gold deposit) claim to transfer KRW 200 million out of KRW 300 million of the security deposit for lease on a deposit basis in the neighboring coffee shop in Yeonsu-gu Incheon Metropolitan City; and (b) exercised a forged apartment lease contract as described in paragraph (1) as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingC statements);

1. Statement made by the police against C;

1. The provisions of the Act and subordinate statutes on rental and lending prior to gold consumption, the details of text messages, a contract for transfer of a security deposit payable for lease on a deposit basis, an apartment lease agreement, proof of the details thereof, and the application of apartment lease agreement

1. The relevant Article of the Criminal Act concerning the crime;

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