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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 22, 2013, the Defendant entered into a real estate lease agreement with the lessee C of the Gangnam-gu Seoul Building on October 22, 2013 to transfer the first floor of the building to 120 million won, and established and operated a corporation (ju)D at this point.
Although the Defendant did not have obtained the consent of the owner of the building E with respect to the above sub-lease, he heard from the tax accountant F that it is necessary to file a report on the establishment of the building and to give consent to the sub-lease of the building owner, and tried to use the report on establishment and business registration by forging the consent to sub-lease of the name E.
1. On October 25, 2013, the Defendant: (a) confirmed that he/she consented to the lessee (C)’s transfer of the first floor above the Gangnam-gu Seoul, Seoul, to D; and (b) forged the sub-lease agreement in the name of E, a private document for the purpose of exercising his/her personal seal created in the front page of the said building, by affixing his/her name and affixing his/her seal attached thereto, to E, which is a private document for the purpose of exercising his/her rights and duties.
2. On the same day, the Defendant submitted to the staff in charge of the false statement of the forged sub-lease as provided in paragraph (1) when he filed an application for the report of establishment and business registration of DD in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the same day.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning G;
1. A complaint;
1. Each registration, each incorporation, and application for business registration, and written consent to transfer;
1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for reference);
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;
1. Article 37 of the Criminal Code among concurrent crimes.