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(영문) 서울동부지방법원 2013.05.09 2013고단564
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2008, in order to provide security for KRW 100 million borrowed from D from the house of Gangdong-gu Seoul Metropolitan Government, 402, the Defendant: (a) stated in the real estate lease contract the name of Gangdong-gu, Gangdong-gu, Seoul; (b) stated in the name of Gangdong-gu, Seoul; (c) the name of Gangdong-gu, the deposit money; and (d) the name of the Defendant’s obligee as “H” and the name column in the Seoul Gangdong-gu, the resident registration number column; and (d) affixed I’s seal in the lessee’s address column in the lessee’s address; and (c) stated in the lessee’s address column the name of the Defendant as “Y-gu, Gyeonggi-do, JPT 360-104,” the name of Y, K; and (d) stated in the name of EL-gu, Gyeonggi-do, “LE” in the real estate lease contract; and (e) issued the Defendant’s real estate lease document under the name of the obligee’s right and duty and duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Entry of the accused in D of the first written protocol concerning the examination of suspect in the prosecution;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the written complaint, real estate lease contract, and appraisal report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of comparison of private documents: Article 231 of the Criminal Act; and

(b) The occupation of uttering of the documentary investigation documents: Articles 234 and 231 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no record of criminal acts of the same kind and suspension of qualification or more, the defendant repents his mistake, and other conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, environment, family relationship and occupation.

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