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(영문) 대전지방법원 천안지원 2017.01.19 2016고정711

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

1. On August 25, 2008, the Defendant, while entering into a dispute with B due to the relationship with B, demanded B to prepare a loan certificate and received a copy of the statement “C and B” from B to December 30, 2012.

On January 2014, the Defendant, at his own discretion, set up “Yannamancheon-do D Apartment 302-1008,” which is the address of B with a black-type pen, in the joint and several liability for the receipt of the letter of joint and several sureties and the books of credit (10 million won) after recording the resident number, name, signature, and address of B’s resident number, name, and address in the above B’s joint and several liability.

The part of the joint and several sureties B was put at the bottom of the lower part of the joint and several sureties.

Accordingly, for the purpose of uttering, the defendant has forged one copy of the joint and several sureties in the name of private document B, which is a private document.

2. On January 9, 2014, the Defendant: (a) submitted a copy of the joint and several sureties in the name of the Daejeon District Court Branch of the Daejeon District Court located in Chungcheongnam-dong, Chungcheongnam-dong, Daejeon District Court as evidence of a claim suit, such as the astronomical Support 2014 Ghana, which is pending between B and B; and (b) exercised the said joint and several sureties’s order as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the part concerning B in the suspect examination protocol against the accused in the prosecution;

1. Application of Acts and subordinate statutes to entries in attached materials (a loan certificate, a joint and several guarantee letter, a fact confirmation certificate, an order of deposit, a transaction statement) by an complainant;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act (the fact that Article 231 of the Act applies to private documents, the selection of fines), Articles 234 and 231 of the Criminal Act (the fact that the aforementioned investigation document is exercised, the selection of fines) concerning criminal facts;

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. Attraction of a workhouse;