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(영문) 서울남부지방법원 2020.11.06 2020고정1340

사문서위조등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 20, 2018, the Defendant was sentenced to 10 months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on January 7, 2019.

Around October 2015, the Defendant, using a computer at a place where the place is unknown, entered “written estimate” in the supplier column as “B, trade name C, representative D, Seoul Seocho-gu E, F, Type of Business, Attorney-at-Law, and telephone number G,” and affixed the seal in the name of D which was printed out and stored. From that time, the Defendant forged a written estimate, which is a private document under the name of D related to the certification of facts, for the purpose of exercising the said written estimate over a total of six occasions as indicated in the following crime list, and used the said written estimate to HI by the Chairperson, the complainant who was unaware of the forgery, as if the said written estimate was genuine.

A written estimate (provisional attachment of real estate) around October 201, 2015 (written estimate) around November 201, 2015 around November 201, 2015, such as a request for cancellation of the registration of the ownership transfer to the other party to the nominal owner of the ownership transfer, etc.) from the date of the execution of the forged document, the summary of the evidence of written estimate (written estimate) around April 25, 2015, around November 201, 2015, around April 201, 2015. < Amended by Presidential Decree No. 26817, Feb. 25, 2016; Presidential Decree No. 27280, Jun. 10, 2016>

1. Partial statement of the defendant;

1. Statement to J police officers;

1. The criminal facts of this case are crimes of the first head of the judgment, and the criminal facts of this case were already punished by the defendant. Thus, the criminal facts of this case are deemed to violate the principle of prohibition against double Jeopardy and thus, it is unreasonable to punish the defendant again. However, the criminal facts of this case, which the defendant was punished, are obtained by deceiving 46,6743,133 won under the pretext of appointment cost, etc. without intention or ability to cause an attorney to appoint a lawyer in civil cases, and are not included in the facts of forgery of private documents and

It cannot be said that there is a single comprehensive crime.