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(영문) 서울중앙지방법원 2016.03.08 2015고정4789
사문서위조등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 18, 2014, the Defendant consented that D’s sub-lease of part (B and 2) of the office of Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government B2’s office to sub-lease “The sub-lease object: B, 2, 2: E (F) office, 2: the lessor, 3: (1) representative G, sub-lessee: (2) representative G, 2: the lessee: (2) representative G, 3: the lessor; and (3) the lessor, as the former lessee, sub-leases part (B and 2) of the office held by the former lessee.

A lessor, on November 18, 2014, entered into and printed out “E” and then stored in advance.

E’s seal was affixed.

For the purpose of exercising, the Defendant forged one copy of the sub-lease agreement in the name of E, a private document on rights and obligations.

2. The Defendant, at around that time, applied for the registration of a business operator at the Gangnam-gu tax office, issued a forged sub-lease consent letter to the public official in charge of being aware of the forgery and exercised it as if it had been duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing one of the petition for accusation, recording, and two of rights;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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