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(영문) 의정부지방법원 고양지원 2016.03.31 2016고단195
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 18, 2015 and the judgment became final and conclusive on September 26, 2015.

[Criminal facts]

1. The Defendant: (a) borrowed a total of KRW 11.8 million from C from June 2013 to November 201 of the same year; and (b) received demand from C due to failure to repay the loan; (c) the Defendant, despite having leased the real estate under a contract with a deposit of KRW 2 million and monthly rent of KRW 200,000,000, in fact, was able to prepare a lease agreement as if he leased the real estate equivalent to KRW 35,000,000,000, and to avoid demanding for payment.

On December 2, 2013 through January 2, 2014, the Defendant: (a) stated the “E” in the column for guarantee on the land for a real estate lease contract, “E” in the lessor column, and “F” in the lessee column, respectively; and (b) arbitrarily stated E’s signature on the side of the lessor column.

Accordingly, the Defendant prepared a copy of the real estate lease agreement in the name of E, a private document on rights and obligations, and prepared the same.

2. On February 12, 2014, the Defendant: (a) at the office of “H law firm,” the first floor of the 1st floor of the building in Yongsan-gu, Yongsan-gu, Manyang-si; (b) provided C with one copy of the forged real estate lease agreement as described in the preceding paragraph that he/she would transfer the leased claim as security for the borrowed money to C; and (c) exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. A real estate lease contract and a real estate lease contract;

1. Previous conviction: Application of a reply to inquiry about criminal history, application of Acts and subordinate statutes of investigation report (the attachment of a copy of the judgment of the case under identification of the suspect, and confirmation date);

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Articles 234 and 231 of the Criminal Act (the document of the above investigation) concerning criminal facts.

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