beta
(영문) 수원지방법원 안양지원 2015.04.16 2015고정105

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On August 1, 201, the Defendant forged private documents: (a) stated “C” and “D” in the face number column of the paper of the request for deposit settlement of accounts kept at the location of the branch of the Saemaul Depository in Ansan-dong 906-13, Ansan-dong; and (b) signed D’s name on August 1, 201, on the face amount column.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of deposit termination claim in the name of D, a private document related to rights and obligations without authority.

2. The Defendant, at the same time and place as in paragraph (1), issued a written claim for the settlement of deposits forged, as in paragraph (1), to the employees of community credit cooperatives who are not aware of such forgery, as if it were a document duly formed.

3. The Defendant, at the same time, at the same time and place as set forth in paragraph (1), submitted a forged written claim for the settlement of deposits to the employee of the victim’s community credit cooperatives as above, thereby deceiving the Defendant as if the Defendant was a legitimate legal representative of the victim, and that in this context, the Defendant cancelled the deposit in the name of D from the victim’s employee, and received KRW 200,5

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The marriage relation certificate and the forged two-way list;

1. Application of the Act on Real Name Financial Transactions and Guarantee of Secrecy;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act (the fact of fraud and the selection of fines) (the fact of fraud and the selection of fines);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;