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(영문) 수원지방법원 안산지원 2018.02.06 2017고정1325

사문서위조등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

In the process of concluding a service contract at the site of the removal of sample houses located in Gangseo-gu Seoul Metropolitan Government, the defendant demanded joint and several guarantors to the service requester C Co., Ltd., and was willing to prepare a joint and several guarantor column in the name of D and send it to C Co.

1. On April 11, 2017, the Defendant forged a private document: (a) made a sample house transfer (original restoration) contract stating the removal of the building B in Gangseo-gu Seoul Metropolitan Government upon request from the person who was influence in his/her trade name at his/her own seat at the time of Mayang-dong-dong-dong-dong-dong-dong-dong-si on April 11, 201; and (b) made a signature of D'D in his/her name on the address column of the joint guarantor(2) of the joint guarantor(s) at Seoyang-do-si-si, Seoyang-gu, Busan, UOOOOO-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Accordingly, for the purpose of uttering, the Defendant arbitrarily prepared one copy of the model house transfer contract (original restoration) in the name of D, a private document on rights and obligations, and provided the same.

2. On April 11, 2017, the Defendant: (a) sent a forged model house transfer contract at the place indicated in paragraph (1) around 20:18, to the e-mail (H) of the Company C, which was aware of the forgery; and (b) exercised the said contract by sending it to the e-mail (H) of the Company C, which was located in the Company C, by registered mail, and allowing the said Company to reach an employee who knew of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A contract for the transfer of a model house;

1. Application of each statute on photographs;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (a point of uttering of forged private documents) and the selection 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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.