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(영문) 수원지방법원 평택지원 2014.03.18 2013고단525
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 5, 2008, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on May 28, 2009; imprisonment with prison labor for six months in the same court on August 14, 2009; imprisonment with prison labor for three months in the same court on August 14, 2009; the execution of the sentence was completed in the previous prison on October 17, 201; and on May 31, 201, the previous District Court sentenced two years of suspension of the execution of imprisonment with prison labor for ten months in the previous District Court on August 25, 201.

【Criminal Facts】

1. Around August 11, 2011, the Defendant forged private document: (a) purchased land D, E, and F from C in the amount of KRW 530 million in the purchase price of land D, E, and F in Gangwon-do.

Nevertheless, around October 20, 201, the Defendant prepared one copy of a real estate sales contract by using a computer located in the H Judicial Scriveners Office located in Pyeongtaek-gun G in Gangwon-do, stating that “The purchase price: Geum Ho-gun (Won 850,000,000)” and “C (I) seller (CI) Pyeongtaek-gunD)” and posted C’s seal attached to the name of the said C.

Accordingly, for the purpose of exercising, the Defendant forged a contract for real estate sales in the name of C, which is a private document on rights and obligations.

2. On December 28, 201, the Defendant: (a) submitted a forged real estate sales contract to the public official in charge of the false name, who is aware of the forgery, in the Gangseo-si, Gangnam-si; and (b) submitted it to the public official in charge of the use of the forged real estate sales contract as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A copy of a forged real estate sales contract;

1. A copy of a real estate sales contract;

1. A certified copy of the register;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (the period of repeated crimes and confirmation during the period of suspended execution);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the occupation of aiding and abetting private documents), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment, respectively;

1. The Criminal Act among concurrent crimes.

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