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(영문) 수원지방법원 2016.12.14 2016고단2755

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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2015, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a crime of obstruction of performance of official duties, etc. and the judgment became final and conclusive on March 26, 2015.

【Criminal Facts】

On March 7, 2012, the Defendant and C decided to manufacture and sell road safety facilities by establishing a business entity with D trade names.

1. On March 25, 2013, the Defendant forged a private document and the uttering of a private document, stating “C” in the name column of the new personal card membership application form without authority for the purpose of exercising at the office located in Suwon-si E, Suwon-si, stating “F” in the resident registration number column, “F” in the resident registration number column, and “C (G1st floor)” in the personal name column, and forged an application form for membership of a new personal card member under the name of the victim C, and submitted at the same time, at the same place, one copy of the application form for membership of a new card member with the knowledge of the fact.

2. On June 19, 2013, the Defendant: (a) collected the victim company from the Internet homepage of the Savings Bank; (b) applied for a loan by entering the “C”, “F”, “F”, and “27,000,000 won in the column of the amount of application in the name column of the applicant for the loan; (c) submitted the D’s business registration certificate, the certificate of closure of business, and the certificate of eligibility for health insurance in the name of C, and deceiving the victim company by deceiving the victim company by submitting the D’s business registration certificate, the certificate of closure of business, and the certificate of eligibility for health insurance in the name of the victim company; and (d) by deceiving the victim company to the national bank account (I) used by the Defendant from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. The legal statement of the witness C;

1. Investigation report (in the case of staff in charge of the new card J team), investigation report (in the case of confirmation of the course of loans to Mano Savings Bank);

1.Collection of funds for savings banks, application for a new card subscription, certification of entry or departure;