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(영문) 의정부지방법원 2012.12.27 2012고단2863

사문서위조등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On November 201, the Defendant: (a) stated in the form A4 “The name of the Defendant was obstructed by entering the name of D on February 20, 200, 500,000 on February 15, 2010, 2,500,000 on October 20, 200; (b) November 26, 201; and (c) 2,000,000,000 on February 8, 201, 2,000,000 on June 9, 200, 1,50,000,000 on September 1, 200, 1,50,000, 1,500,000, 1,500,15,500,000 won on September 10, 200;

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the loan certificate in the name of D, a private document concerning rights and obligations.

2. On November 7, 201, the Defendant: (a) delivered the forged loan certificate to a court employee, who is not aware of the circumstances, at the Gi-Government District Court located in Jinyang-ro 34-ro 23, Jinyang-ro, Mayang-ro, Mayang-ro, Mayang-ro, 201; and (b) exercised it as

3. The Defendant who attempted fraud

2. At the same time and time as above, a complaint filed for a claim for a loan to the effect that the loan amount of KRW 15,500,000 is returned with a forged loan certificate as above 1.

As such, the Defendant, by deceiving the court on November 14, 201, received a recommendation decision from the court on performance recommendation of KRW 15,500,000 from the court, but did not carry out an attempted attempt because it was the wind to receive a recommendation for settlement recommendation of KRW 3,00,000 by filing a lawsuit of objection by the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D in the police interrogation protocol (two times, replacements) of the accused;

1. Statement made to D by the police;

1. The loan certificate;

1. Documents of decisions on recommendations for execution;

1. The applicant for loan;

1. Documents of decision to recommend a compromise;

1. Application of Acts and subordinate statutes of a complaint filed for objection;

1. Relevant statutory provisions concerning criminal facts: Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 352 and 347 (1) of the Criminal Act; the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;