beta
(영문) 의정부지방법원 고양지원 2015.08.28 2015고정849

사문서위조등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 11, 2015, the Defendant forged private document: (a) stated “B” in the delegating column of “B”, “C” in the resident registration number column and “*************” in the column of the resident registration number; and (b) affixed B’s seal next to B’s name.

Accordingly, for the purpose of exercising rights, the Defendant forged a letter of delegation to issue a certificate of seal imprint in the name of private document B, a private document on rights and obligations.

2. Around that time, the Defendant exercised the authority to issue a forged certificate of seal imprint as if it were a document duly formed. The Defendant exercised the authority to issue the forged certificate of seal imprint to a public official in the Geum-dong 3 Dong community service center, who was unable to know the forged name at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Proxy to issue certificates of seal imprint;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant committed the instant crime in order to obtain a certificate of seal imprint to process the Defendant’s property under the name of his spouse B in de facto marital marriage who died; (b) the certificate of seal imprint issued by the Defendant was recovered; (c) the Defendant was an initial offender with no record of crime; and (d) the Defendant appears to reflect his attitude; and (c) the sentencing conditions, including the Defendant’s age, character and conduct, family relationship