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(영문) 전주지방법원 2017.08.30 2017고단933

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2016, the Defendant, at the office of the Defendant located in Yansan-gu Seoul Special Metropolitan City on May 30, 2016, on the part of the Defendant: (a) affixing to the Defendant’s column for purchase the purchase request for the amount of 33.6 million won, the amount sent by facsimile from D (State) without authority, for the purpose of uttering; (b) affixing to “EF” a letter of request for purchase on May 30, 2016, which is a private document on the rights and obligations of F, and proof of fact; and (c) exercised the NAN-based survey document to G who is an employee of D (State) with no knowledge of the fact at that time.

2. On June 16, 2016, the Defendant: (a) forged a letter of request for purchase from June 16, 2016, a private document regarding F’s rights and obligations and proof of fact in F’s name, at the place prescribed in the foregoing paragraph (1) at the same time; (b) subsequently, he/she exercised the relevant investigation document against G with no knowledge of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Electronic tax invoice (H), electronic tax invoice (D), June 30, 2016, and electronic tax invoice (D), July 25, 2016, and electronic tax invoice (I).

1. Application of Acts and subordinate statutes to a contract;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, for the reason of sentencing, has exercised a written contract (written request for purchase) under the name of the document, and accordingly, the mental suffering suffered by the document holder is deemed to be considerable.

In particular, the crime of this case is committed during the period of suspended execution of the crime of this case (the crime of this case). This is an unfavorable condition to the defendant.

On the other hand, the circumstances such as the fact that the defendant recognized a mistake in this court and reflects it, and that there is no punishment for the same criminal record, are favorable circumstances.

b) these circumstances;