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(영문) 대전지방법원 2017.10.24 2017고정917
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, together with B, is a person who operated a restaurant called "D" in Daejeon Middle-gu, Daejeon.

1. Although the Defendant completed the construction of the extension of the above restaurant together with the above B, there was no delegation from B on the preparation of a letter of performance that the ownership of the above extension building is to E who is a lessor.

Nevertheless, in the G Tax Office located in Seo-gu Daejeon, Daejeon, Daejeon, on November 2014, the Defendant had ownership of the extended building to the lessor of the said restaurant.

“A” was signed after stating “A” on the lower side of the lessee’s column in a performance letter drawn up in advance.

Accordingly, for the purpose of exercising, the Defendant drafted a letter of performance, which is a private document related to rights and duties, using the qualification of agent B.

2. Forging a private document;

A. On May 2014, the Defendant lost the real estate lease contract, which is a document necessary to file an application for the registration of a business operator for the above D restaurant, and had a new mind to prepare the said contract without the consent of the lessee B.

On May 2014, the Defendant prepared “D” restaurant located in Daejeon Jung-gu, Daejeon, as “B”, “H706, Dong-gu, Daejeon Metropolitan City”, “I” in the resident registration number column, and “B” in the name column, and affixed a seal on the B’s name.

Accordingly, the defendant, for the purpose of exercising authority, forged the Chapter B, a private document related to rights and obligations, which is a private document B.

B. On January 20, 2015, the Defendant prepared a loan certificate by borrowing KRW 20 million from the lessor E to use it for personnel expenses of smuggling in connection with the above restaurant extension construction work. However, there was no consent from B on the entry of B’s name in the debtor column of the above loan certificate.

Nevertheless, it is not appropriate.

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