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(영문) 대구지방법원 상주지원 2013.03.05 2012고단367

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

To the extent that it is not likely that there is no actual disadvantage to the defendant's exercise of his/her right to defense, rhyth and embody the facts charged without changing the indictment, and recognize the facts charged by

① In particular, with respect to the crime of forging and utteringing a private document, the minutes of the special general meeting forged in this case do not exist at all, and there is no specific evidence as to the contents of the minutes, and thus, the specific contents of the minutes are recognized as necessary minimum to the extent that the crime of forging a private document is established, and the name of some those who have forged a private document is just recognized as criminal facts. ② In relation to the crime of falsely entering and uttering a private document original, the contents of “land register, which is the same electronic record as the original of the authentic document,” are included in the facts charged, and the crime of falsely recording and uttering a public electronic record is identical to the crimes of falsely recording and uttering a private document. As such, the name of the crime without any amendment to the indictment, embody it in conformity with the statement,

On November 8, 2007, the defendant was sentenced to a suspended sentence of two years on October 10, 2007 for the crime of violation of the Road Traffic Act, etc. in the resident support of the Daegu District Court, and the judgment was finalized on November 16, 2007.

1. On September 2007, the Defendant: (a) stated that the Defendant was “Minutes of Special General Meeting” in the title column using the pent in support of the Defendant’s residence at the time of stay in C; (b) on the date, time, date, and date of the meeting using the pent in support; and (c) stated “the name column of the participant” in the name column, “D, E, F, G, H, I, and J,” and affixed a seal on the above person’s name attached to the name of each of the above clans.

Accordingly, the defendant, who is a private document, forged the minutes of the special meeting of the clan in the name of the above D and six other members.

2. The Defendant is present at the time of the stay on September 21, 2007.

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