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(영문) 전주지방법원 2016.06.10 2016고단387

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2013, the Defendant forged a private document, without authority, sells A (Defendant) a 42,347 square meters of D forest land, which is located in the name of the previous clan, to the Defendant, and appointed the representative of the said clan as G (the mother of the Defendant) by using a computer in the location of the Defendant’s house located in the Seocho-gun B, North Korea, which is located in the name of the C clan, for the purpose of uttering.

The phrase “C clan Minutes” written the names of H, I, etc. on the “list of Participants” of the contents “C clan Minutes” and affixed the seals of H, I, etc. written in advance on each day.

Accordingly, the Defendant forged a copy of the C clan minutes in the name of H and I, which is a private document on the proof of facts.

2. On August 12, 2013, the Defendant: (a) around August 12, 2013, submitted a copy of the forged C clan minutes to the public official in charge of registration in the name omitted; (b) around August 12, 2013, a copy of the forged C clan minutes was presented to the public official in charge of registration.

3. On August 12, 2013, the Defendant: (a) made a registration using a forged “C clan minutes” as provided in paragraph (1) to change the name of a representative with respect to D 42,347 square meters of land owned by the previous North Korea, into “G” and, at the same time, made a registration of transfer of ownership of the said forest land from “J” to “A (Defendant), F, and E by having the ownership of the said forest transferred one-third of each of the said forest land to “G”; and (b) made a false report to the public official, thereby having him enter the fact of false registration in the register of the original land, which is the land, and thereby having him exercise the right to transfer the ownership of the said forest land immediately.

b)a summary of the evidence;