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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A has leased approximately 15 and approximately 15 parcels, including Dong-gu, Seocheon-gu, Nowon-gu, and two parcels, from E and 10, and sub-leaseed it to F without the lessor's permission, and Defendant B is a person who works as a broker or assistant of the real estate brokerage office of G and takes charge of the preparation, etc. of a contract during the re-lease process.
1. On April 17, 2013, the Defendants forged private document documents: (a) around the time when the G office located in Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, and H had the lessor obtain consent from E, a lessor of the said real estate, to sublease the leased real estate; (b) despite the absence of the lessor’s consent from E, the lessor of the said real estate; (c) Defendant A had the lessor prepare a written consent as if the lessor gave consent; and (d) accordingly, Defendant B had a pro-friendly victim who visited the said real estate office with the knowledge of the lessor’s consent, known that the lessor did not have the lessor’s consent; and (d) had the son state his personal information in the name column of the owner of the building owned by F using the color pen to check the personal information of E using the name column of the lessor’s prior to the use of the real estate; and (e) had the lessor’s name affixed his seal
As a result, the Defendants conspired to forge a written consent to the exclusive use of real estate in the name of E without authority.
2. The Defendants, at the above time and place, delivered the forged written consent to the use of the entire real estate to F and exercised it.
Summary of Evidence
1. Each defendant's partial statement in court;
1. Each legal statement of witness F and E;
1. Application of statutes on written consent for the exclusive use of real estate and commercial building lease contract;
1. Relevant Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and the choice of fines for the crimes
1. Aggravation for concurrent crimes;