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(영문) 서울남부지방법원 2016.03.31 2014고정3606

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 22, 2012, the Defendant of a private document forgery: (a) without authority at the C Office located in Gangseo-gu Seoul Metropolitan Government, by means of a computer, to receive the said amount on September 22, 2012 and to clarify the receipt (storage) of the said amount, the Defendant shall prepare and affix his/her name and affix his/her seal on this document.

I will keep the above amount for the purpose of non-refrating and return it at any time at the request of the custodian.

Trade Name: C. Name: prepare and output a certificate of cash custody stating “D” and was in possession of the certificate of cash custody next to the name of “D”.

C’s seal impression was affixed.

Accordingly, for the purpose of uttering, the Defendant forged a copy of cash custody certificate in the name of D, a private document related to rights and obligations.

2. The Defendant, at the time and place specified in the preceding paragraph, delivered a certificate of cash custody in the name of the E representative F, who was aware of the forgery, as stated in the preceding paragraph, as if it were a document duly formed.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Some statements made to the prosecution against the defendant in the protocol of interrogation of the suspect (a statement to the effect that the defendant prepared a certificate of custody of the current status under D and delivered it to F);

1. Application of the Acts and subordinate statutes to forged documents (a copy of a certificate of custody of cash);

1. Relevant legal provisions and Articles 231 of the Criminal Act (the point of Article 231 of the Private Document, the choice of fines) concerning criminal facts, and Articles 234 and 231 of the Criminal Act (the point of conducting the above investigation document, the selection of fines);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.