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(영문) 수원지방법원 안산지원 2018.10.18 2018고정623

사문서위조등

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

The facts charged in B are written as “E,” but are obvious as a clerical error.

As the victim C and D together with the restaurant, it is necessary to pay money, and thus, the business operator loan was required, and the Defendant A conspired to receive the loan after allowing the Defendant A to engage in the business.

1. On August 3, 2016, the Defendants drafted a loan-related document at the Gyeonggi-si 17,3 Gyeonggi-do Group of the members of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Group of the Parties, and Defendant A written a written agreement on the terms of the Credit Guarantee Agreement as C, "the joint and several guarantor guarantee," "the actual manager certificate,"

Accordingly, the Defendants forged a credit guarantee agreement in the name of C, a private document on rights and obligations for the purpose of exercising the rights and obligations in collusion.

2. The Defendants exercised the said investigation document: (a) delivered the forged credit guarantee agreement, etc. to an employee of a credit guarantee foundation who is unaware of such forgery at the same time and place as prescribed in paragraph (1) as if it were a document duly formed.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to use a credit guarantee agreement, a joint guarantor's assurance, an actual manager's certificate, a written consent for collection and use of personal information, etc., and a written consent for the integrated management system

1. The Defendants under the relevant provisions of the Criminal Act concerning criminal facts: Articles 231, 30 (abstinence of private documents), 234, 231, and 30 (abstinence of private documents) of the Criminal Act;

1. Tradeal concurrence Defendants: Articles 40 and 50 of the Criminal Act (Inter-Korean between the crimes of gambling documents in each of the above investigation);

1. Defendants who aggravated concurrent crimes: the former part of Article 37 of the Criminal Act.