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(영문) 대전지방법원 2016.04.19 2015고단2772

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2, 2015, the Defendant was sentenced to imprisonment with prison labor and three years and six months for the crime of forging private documents at the Daejeon High Court, and the said judgment became final and conclusive on January 28, 2016.

1. On June 14, 2010, the Defendant: (a) around the fourth floor of the Seo-gu Seoul Special Metropolitan City F building, made the said office staff, whose name is unknown, enter the “written confirmation of subrogation” using a computer; (b) “Name: H: resident registration number; (c) I; and (d) from K (ju) on behalf of the principal on April 13, 2005, 10 million won from the principal’s debt on behalf of K (State) around July 13, 2009; (d) attached copies: one copy of a certificate of seal imprint; and (e) H: A person who prepared to affix his seal, respectively, on June 14, 2010.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of performance certification (certificate of receipt) in the name of H, a private document related to rights and obligations.

2. On July 16, 2013, the Defendant exercised the said investigation document by issuing to a public official who is not aware of the forgery as if the document was duly formed with a copy of the performance verification (certificate) under the name of H, as described in paragraph 1, at the Daejeon District Court located in Seo-gu, Daejeon District Court No. 78, Seo-gu, Daejeon, Daejeon, and one copy of the performance verification (certificate) under the name of H, as indicated in paragraph 1.

Summary of Evidence

1. Statement made by the witness H in the third public trial records;

1. Statement made by the police with H;

1. A certificate of subrogated performance;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes concerning the progress of cases;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the point of conducting the above investigation document and the choice of imprisonment) concerning the crime;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that the defendant denies and does not oppose the instant crime, and the instant crime is committed.