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(영문) 춘천지방법원 2017.09.01 2017고정36
사문서위조등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 20, 2012, the Defendant: (a) concluded a lease agreement with C and C on the first floor of the building D located in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, the ownership of C: (b) and run the F; (c) around August 4, 2013; and (d) concluded a re-lease agreement with C by changing the lessor’s name to C’s H from around August 4, 2013; (c) in order to arbitrarily transfer the right of lease, the Defendant intended to forge the lease agreement with G name.

1. On October 2015, the Defendant forged private documents: (a) stated the name of G in the column where the land was located, using the black-type pent-type D on the land for a real estate lease agreement, in F, the Defendant: (b) stated the following as “Seoulcheon-gun D”, “1.5 million won”, “1.5 million won”, “1.5 million won in the monthly gold column; (c) August 4, 2013 in the lessor column; (d) stated “G” in the lessor column, and “I and other 1” in the lessee column; and (e) posted a G seal arbitrarily affixed to G’s name.

Accordingly, for the purpose of exercising, the Defendant forged one chapter of the real estate lease agreement in the name of G, a private document on rights and obligations.

2. The Defendant exercised the above investigation document by delivering the forged lease contract to the person who was aware of the forgery at the above time and place as if it were duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Part concerning the statement of the defendant or G in the police interrogation protocol regarding E;

1. A contract for lease of each real estate, a monthly rent contract for real estate, a contract for the transfer or acquisition of deposit for lease, each loan certificate, each prohibition of sub-lease, and a written payment plan for A;

1. Application of Acts and subordinate statutes to a report on investigation (or G telephone statement filed by an complainant);

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

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