(영문) 서울북부지방법원 2016.01.14 2014고정2526



A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.


Punishment of the crime

On February 28, 2013, the defendant received a provisional disposition order that no position and official seal of C representative, etc. shall be used in the Seoul Eastern District Court, and the same year.

3. 11. The notice of the decision was served;

1. On August 19, 2013, the Defendant prepared a complaint of “action against the Defendant, such as cancellation of the registration of the ownership transfer due to the invalidation of the cause,” in which the Defendant entered the Defendant as the representative of Plaintiff C for the purpose of exercising the private document No. 101 Dong207, Seongbuk-gu Seoul, and the purpose of uttering.”

Accordingly, for the purpose of exercising, the defendant prepared a copy of a private document, which is a private document on rights, obligations, or proof of facts, using the qualification of representative of C.

2. On August 19, 2013, the Defendant: (a) submitted to the Seoul Gwangjin-gu Seoul Special Metropolitan City Eastern District Court a written complaint prepared as described in paragraph (1) with the Seoul Special Metropolitan City Gwangjin-ro 404 Seoul Eastern District Court as if it were genuine.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of each decision, delivery certificate, complaint, investigation report (Submission of suspect additional data), and 2014 combined 37809 statute;

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime (a point of preparing private documents for qualification) and Articles 234 and 232 of the Criminal Act (a point of uttering of private documents prepared for qualification) and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The respondent and the defense counsel asserts as follows:

The petition for provisional disposition on the facts charged (the Seoul Eastern District Court Decision 2013Kahap26, hereinafter "the provisional disposition in this case") should have been rejected at the beginning.

The defendant's act is an act to prevent the property of C from passing to another person due to F's illegal act, and is a legitimate defense, words or act.