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(영문) 부산지방법원 2018.12.06 2018고정1637

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 February 13, 2014, the Defendant forged private documents: (a) was delegated to the staff of the legal office, even though there was no fact that the Plaintiff and seven other parties were delegated to the legal office in order to file a lawsuit claiming damages against the Defendant, U.S. et al., the Defendant was the Defendant’s relative E in order to bring the lawsuit claiming damages against the Defendant et al., and was delegated to the legal office.

In other words, a nameless employee who may not know his/her circumstances shall enter the name and resident registration number of E in the attached Form of "the power of attorney", and he/she shall arbitrarily write his/her seal and affix his/her seal on it next to it.

Accordingly, the defendant has forged the power of attorney in the name of E, a private document related to rights and duties for the purpose of exercising without authority.

2. On February 2013, the Defendant: (a) at the Busan District Court located in the Busan District Court, the Busan District Court had the D staff of the law office having knowledge of the forgery as above submit to the court the power of attorney for the lawsuit in the name of E; and (b) exercised the same.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. Application of E's letter of complaint and power of attorney;

1. The prosecutor under Articles 231 (Penalty) and 234 (1) of the Act on the Punishment of Criminal Crimes and Article 231 (Penalty) of the Act on the Punishment of Specific Crimes and Article 231 (Penalty) of the Act on the Punishment of Specific Crimes have instituted a public prosecution by applying the simple rate as a principal offender. However, the part on the criminal facts indicates that an indirect principal offender is prosecuted. Since the Criminal Act punishs a indirect principal offender with the same punishment as a person who has committed a crime under Articles 34 (1) and 31 (1) of the Criminal Act, even if the criminal defendant is indirectly punished as a principal offender, it is not likely that the punishment of the criminal defendant would be imposed or a substantial disadvantage to the exercise of his/her right to defense would be imposed ex officio without the amendment of indictment.

§ 31.