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(영문) 창원지방법원 진주지원 2017.11.22 2017고단821

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 April 17, 2013, the Defendant forged a private document: (a) indicated “E” in the debtor column of “E” and “E” in the address column, stating that the Defendant was “E” and “E” in the name of “E” and affixed a seal impression that was delivered by E in front of “C” in Jinju-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter “C”); (b) indicated that the Defendant used a certificate of personal seal impression and a letter of personal seal impression, and used it as if he/she were E and received KRW 4,00,000 from F.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the agreement on the borrowed money in the name of E, which is a private document related to rights and obligations.

2. The Defendant, at the same time and place as in the preceding paragraph, exercised the “written agreement on the borrowed money” forged as if it were duly formed with D who knew of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of an agreement on borrowed money;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations for the application of the sentencing criteria: None of six months to one year special sentencing factors:

2. Determination of sentence shall be made in the same manner as the order, taking into account all of the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sex, environment, developments, means and result of the instant case, and the fact that the Defendant had no criminal record of the same kind, and agreed with the victim.