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(영문) 수원지방법원 2020.07.22 2020고단1666

사문서위조등

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendants who forged private documents are South and North Korea simplified, and the Defendant A is the spouse of C.

Defendant

A needs to pay money to be used for existing debts, living expenses, etc., and upon receiving a loan under the name of husband C, C has received necessary documents, such as a certificate of personal seal impression, identification card, and seal imprint, etc. from C while hiding a loan plan, and Defendant B has requested the lending company to apply for a loan as if the lending company was C.

On August 24, 2018, the Defendants visited the Dispute Resolution Co., Ltd. on the 13th floor of the Gangnam-gu Seoul Building D, and did not obtain delegation or approval from C, Defendant A sent in advance the certificate of personal seal impression, identification card, and seal imprint design prepared by C to Defendant B. Defendant B, in the column of the major contents of the credit transaction agreement form kept in the Dispute Resolution Co., Ltd., “150,000,000 business funds, 24%,” “C, post office, F”, and “H” in the column of loan delivery method, “C, office, and bond offering column,” and “C, Suwon-do Suwon-si, Suwon-do, Suwon-si, G, and H,” and affixed a seal imprint affixed to C’s name.

As a result, the Defendants conspired to forge a credit transaction agreement in the name of C, a private document on the duty of rights for the purpose of exercising the rights.

2. The Defendants in the event of the above investigation document submitted a forged credit transaction agreement in collusion to the employee in charge of the dispute resolution committee, which is aware of the forgery, at the time and place set forth in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to C and I;

1. An investigation report (in cases of loan application, attaching a reply to the result of an appraisal by a person without any duty to file a loan);

1. Application of Acts and subordinate statutes concerning credit transaction agreements, financial transaction information of complainants, and loan-related documents;

1. Articles 231 and 30 of the Criminal Act and Articles 234 and 234 of the Criminal Act shall apply to the Defendants of the relevant criminal facts and the choice of punishment.