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(영문) 서울서부지방법원 2015.11.26 2015노1206
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) Defendants: (a) obtained a lessor’s consent to, or deemed to have granted or delegated authority to, a lease agreement for the establishment of a real estate brokerage office from, a lessor; (b) prepared a real estate lease agreement in the name of G; and (c) there was no forged and used as stated in the facts constituting the crime of paragraph (1) of the lower judgment. (b) Defendant B merely used the agreement to arrange for a lease after preparing and using a lease agreement in a way that the content of P ceases to operate the brokerage office, affixed a prior seal on the lease agreement that became a public figure, and then the P would have been granted or delegated the right to prepare a real estate lease agreement in the name of P; and (c) there was no forgery

B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of 1.5 million won, Defendant B: a fine of 2 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the facts constituting the crime of the lower judgment, the Defendants, even though not having been authorized by G to prepare a real estate lease agreement, can sufficiently recognize the fact that the Defendants conspired to use the real estate lease agreement in G under the name as stated in paragraph (1) of the lower judgment, and there is no justifiable reason to mislead the Defendants to believe that the Defendants were delegated to prepare a real estate lease agreement. Accordingly, this part of the Defendants’ assertion of misunderstanding of facts is without merit. (A) G, the owner of the building, as the owner of the building, prepared a contract by entering into a real estate lease agreement with the Defendants on November 6, 2010, but no real estate lease agreement was prepared on February 15, 2012, and later submitted to the Gu office.

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