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(영문) 서울동부지방법원 2017.04.20 2016고단3783

사문서위조등

Text

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

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

[criminal history] On November 22, 2013, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for perjury at the Seoul Central District Court, and the judgment became final and conclusive on June 24, 2015.

[2] In order to establish a fair deed of monetary consumption lending and lending contract with creditors C, the Defendant believed that he/she was authorized to prepare a fair deed as if he/she was delegated with the authority related to the preparation of a fair deed.

1. On September 18, 2012, the Defendant forged private documents, without authority, entered “A” and “D”, etc. in the column of the mandatary in the letter of proxy “A” and affixed two seals attached to the said D’s name from the office to the name of the said D, without authority, at the office of consignor in Jongno-gu Seoul, Jongno-gu, Seoul, for the purpose of exercising, at the office of consignor in charge of the law firm.

Accordingly, the defendant has forged a letter of delegation in the name of D, a private document related to rights and obligations.

2. The Defendant exercised the above investigation document as if he had duly formed the forged power of attorney at the above time, at the above time, and at the above place, he had exercised the false power of attorney at the above law firm’s name.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A process certificate, proxy certificate, certificate of seal imprint, and a certificate of seal imprint;

1. Investigation report (the case of confirmation on the excursion ship on the Law Firm Songwon);

1. Investigation report (C and E) ;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes as a result of inquiry, such as criminal history data;

1. Relevant Article 231 of the Criminal Act (Counterfeiting of private documents), Articles 234 and 231 of the Criminal Act (Uttering of private documents) and selection of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Code of the Social Service Order is rendered.