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(영문) 부산지방법원 2013.06.14 2013고단1446

사문서위조등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who engages in labor.

1. On March 2, 2012, the third party office located in Jung-gu, Busan, a law firm established in Jung-gu, Busan. On March 2, 2012, the forgery of private documents: (a) the fact, despite the fact that there was no consent from F, the Defendant’s partner, on the Defendant’s debt of KRW 7 million, to make a joint and several surety in his/her name; (b) the Defendant, without authority, performed as if he/she was the F, for the purpose of exercising his/her rights and obligations; and (c) the Defendant, without authority, entered the name “F” in the signature column, a joint and several surety of “notarial money loan contract for security” in the name of F, a private document on the rights and obligations; and (d) forged a non-money loan agreement in the name of F, a private document on the rights and obligations.

2. At the same time, at the same place as before the uttering of the said investigation document, G, an attorney-at-law in charge of authentication, who did not know of the fact that a notarial deed for money consumption loan contract in the FF under the above forged name, submitted it as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Copy of notarial deed of money loan contract for transfer security, copy of F resident registration certificate, and application of delegation Acts and subordinate statutes;

1. Articles 231 and 234 of the Criminal Act and the choice of punishment for the relevant criminal facts;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the fact that there is no previous conviction or more than a stay of execution, and reflect).