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(영문) 춘천지방법원강릉지원 2020.08.20 2020고단307

사문서위조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

In around October 30, 2018, the Defendant: (a) applied for a credit loan of KRW 15 million from D Co., Ltd. for about 15 years using the name and resident registration number of D Co., Ltd., which was de facto de facto marital relationship; and (b) made an application for a credit loan of KRW 15 million from D Co., Ltd. for about 15 years; and (c) made an application for a credit loan; (d) in the column for the loan terms and conditions of the above agreement, the Defendant written “C” in the column for the loan terms and conditions of the said agreement as “F”, “F, and address column”; (c) entered “C” in the customer information column, “F,” and “G,” and “C” in the address column; and (d) visited each of the above loan terms and conditions column and issued the loan terms and conditions to H Co., Ltd., with the signature of the applicant, and then visited each of the above application form and issued the loan terms and conditions to H Co., Ltd.

For the purpose of uttering, the Defendant forged a letter of credit loan agreement and a credit loan application in the name of C with respect to rights and obligations, and exercised a forged private document.

Summary of Evidence

1. Defendant's legal statement;

1. The witness’s legal statement H and the police statement of C;

1. E agreements;

1. E applications;

1. To apply investigation reports on loan statements (the application for loans, contracts, recording records, and recording files), recording records, and CD-related Acts and subordinate statutes;

1. Relevant Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A favorable circumstance in which the Defendant’s crime of this case results in the risk of serious economic damage to C, the nominal owner of the forged document: The Defendant recognized and reflected the crime; there is no history of punishment for the Defendant prior to the instant case.