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(영문) 울산지방법원 2013.11.22 2013고정466
사문서위조등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant: (a) was a person who leased and used the third floor of Ulsan-gu C3 from D, Ulsan-gu, the owner; and (b) was willing to sublease the said building to E without notifying D thereof.

On August 17, 2012, the Defendant: (a) at the G Licensed Real Estate Agent Office located in Ulsan-gu, Ulsan-gu; (b) without having been delegated or authorized by D with respect to sub-lease; (c) on the column for the location of real estate indication in the form of the “real estate sub-lease contract” stored in the computer, the Defendant stated “Seong-gu, Ulsan-gu, Nam-gu, Seoul; (d) the entire third floor in the column; (e) the name column of the sub-lease; and (e) the name column of the sub-lessee; and (e) printed out “A” in the column for the address of the lessor; and (e) marked “B” in the column for the resident registration; and (e) marked D’s name and seal attached to D’s name and attached to D’s name.

Accordingly, with the aim of exercising authority, the Defendant forged one copy of the sub-lease contract of real estate in the name of D, a private document on rights and obligations.

2. At the time and place specified in the above paragraph (1), the Defendant: (a) delivered one copy of the counterfeited loan agreement under the name of D to E and exercised the same at the time and place specified in the above paragraph (1).

Summary of Evidence

1. The legal statement of the witness K and D;

1. A protocol concerning the interrogation of suspects of E;

1. A copy of a lease contract, copy of a lessee's lease contract, a detailed statement of comprehensive information on customers, and a copy of a lease contract on real estate;

1. Application of Acts and subordinate statutes on records of civil procedure, Act No. 2013Na2856, Ulsan District Court;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

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