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(영문) 울산지방법원 2017.07.05 2017고단521

사문서위조등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to one year of suspended sentence for a violation of the Labor Standards Act at the Ulsan District Court on April 7, 2016, and the said judgment became final and conclusive on April 15, 2016.

1. On July 3, 2015, the Defendant forged private documents: (a) stated the name E, date F, bank G with a new account, applicant E in the form of the application for a secondhand debate at the D office located in Ulsan-gu, Ulsan-gu; and (b) signed E on the name next to the name; (c) stated the principal and interest rate of 3.5% per annum, 13.5% per annum, 36 months per annum, 16,50,000 won, and 16,50,000 won of the creation amount of the collateral mortgage; and (d) written the applicant E’s signature on the name next to the name.

Accordingly, for the purpose of uttering, the defendant set forth the above Chapter 1 and Chapter 1 of the Agreement, respectively, in the name of the private document E, which is a private document on rights and obligations.

2. The Defendant, at the time, and at the place specified in the preceding paragraph, exercised the following: (a) as if he/she had duly formed an application for a middle and high-speed debate and one letter of agreement; (b) as if he/she had duly formed the agreement, he/she did not know that the document was forged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An agreement and application for the medium and large debate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (Evidence that they are concurrent crimes after Article 37 of the Criminal Act);

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 of each of the crimes referred to in subparagraphs 1 through 3 of the sentencing criteria (the scope of recommendations) (the fabrication and alteration, etc. of private documents) shall be changed, such as forging or altering private documents;