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(영문) 창원지방법원 밀양지원 2018.02.08 2017고단492

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On October 15, 2015, the Defendant was sentenced to imprisonment with labor for fraud at the Busan District Court on January 22, 2016 and the judgment became final and conclusive on January 22, 2016.

[Criminal facts]

1. On July 29, 2014, the Defendant of a private document forgery: (a) at the D office located in the Nam-gu Busan Metropolitan City, Busan Metropolitan City, the Defendant shall pay to D the payment of the respective payment, the amount of KRW 100,000,000,000 for the material price, for the purpose of exercising to E.

On July 29, 2014, the letter "F A and joint guarantors, LJ G, Co., Ltd., Ltd." was written, and the seal impression in the name of ELD Co., Ltd. was stamped.

Accordingly, for the purpose of uttering, the Defendant forged a letter of payment in the name of El branch Co., Ltd., a private document on rights and obligations.

2. At the same time and place as above 1, the Defendant: (a) delivered each of the forged payments to E, who is aware of the forgery, as if the document was duly formed; and (b) exercised the said investigation document.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1.Payments of payment

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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 (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination of the sentencing of Article 334(1) of the Criminal Procedure Act at the same time with the case of fraud, etc. in which a judgment has already become final and conclusive on the grounds of sentencing, and the sentencing conditions indicated in the record, such as equity and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.