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(영문) 수원지방법원 안산지원 2014.08.20 2014고정863

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

The defendant is an insurance solicitor in the position of the Samsung Fire C Head of Samsung Fire C Branch.

1. On November 15:00 of November 7, 2012, the Defendant was requested to enter into an insurance contract stating that KRW 70,290 per month payment, including KRW 20,000 per day of cancer security and injury hospitalization, from D, which was known to and known to the general public, was “unpaid dividends, ginseng, and fire Sclus”.

After the end of one month, the insured had been urged to forge the “written request for the approval of change” without obtaining D’s permission, because of the existence of the disease in spine disease in the past from the head office examination set forth in the following: “The insurance contract is to be maintained if the contract has not been withdrawn or the day of injury has been excluded.”

On December 6, 2012, the Defendant printed out the “written request for approval for change” at the F Branch Office located in Ansan-si, Nowon-gu, Seoul, the Defendant signed the “D” column as the victim D signed.

Accordingly, for the purpose of uttering, the Defendant forged a “written request for approval for change of insurance” in the name of D, a private document related to rights and obligations.

2. The Defendant, at the same time and at the same place as the above paragraph (1), submitted the document as if it were a document duly formed to the head office examination set up without knowledge of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A request for approval on change of insurance, an application form for insurance, or a written confirmation of payment of insurance money;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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. Articles 70 and 69(2)1 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).