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인천지방법원 부천지원 2014.05.14 2014고단268

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. During the process of acquiring apartment units in lots, the Defendant: (a) was aware of the need for joint and several sureties to obtain an outstanding loan of KRW 300 million from the selling company; and (b) was able to enter into a monetary loan agreement with B as a joint and several sureties without authority to have the custody of his resident registration certificate and seal imprint

Therefore, on January 10, 201, at the defendant's office located in Kimpo-si, Kimpo-si, Kimpo-si, the defendant stated "B", "B" in the name column, "B", "B-307", and "J" in the address column, which read "B", "B", "B-307" and "J" in the name of the joint and several surety of the monetary loan agreement with the debtor G, joint and several surety B, loan loan amounting to 30 million won, annual interest rate, 6% on June 30, 201.

Accordingly, for the purpose of exercising, the Defendant forged a cash loan contract in the name of private document B, which is a private document on rights and obligations.

2. The Defendant, at the same date and at the same place as set forth in paragraph (1), submitted a forged monetary loan contract to E as if it were duly formed, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Copy of a monetary loan for consumption;

1. Application of investigation reports (the statement recording by telephone for staff of the D sales team) Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the occupation of aiding and abetting private documents), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;