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(영문) 광주지방법원 순천지원 2019.06.27 2019고단865

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

[Attachment Fact-finding] When money is required under the name of construction material cost, etc. while running a business, the Defendant thought that he/she had the denied B’s seal and a certificate of seal impression to use money with lending money from C in the name of B.

【Criminal Facts】

1. On January 26, 2017, the Defendant forged private document: (a) at the notary office E office located on the fourth fourth floor of the D Building at leisure time; (b) on the proxy form of A4 paper size stating the purport to delegate all the authority to commission the preparation of a notarial deed of a contract for consumption loan, the Defendant indicated “one hundred million and twenty five percent per annum”; (c) the amount of money by using a written verification body in the proxy form of A4 paper size; (d) the obligor’s “F, A, and B”; (e) the obligor’s “C”; (e) the obligee’s “B”; and (e) the prior seal imprint H in the address column.

Accordingly, for the purpose of exercising, the Defendant forged a letter of delegation in B, a private document related to rights and obligations.

2. The Defendant, at the same time and place as described in Paragraph 1, delivered a forged power of attorney to the staff in charge of notary public E office who knows that the power of attorney was forged, and exercised it as if it had been duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of statutes governing the determination of seizure and collection order of Gwangju District Court 2018TTT 2018TT 8062, notarial deeds, notarized entrustment letter, power of attorney, certificate of seal impression, certificate of net family court 2018TT 8076, and collection order

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 imprisonment with prison labor, respectively;

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

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

1. The defendant in the sentencing of Article 62-2 of the Criminal Code of the Social Service Order is the document under B, who is denied the reason.