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(영문) 부산지방법원 2014.12.03 2014고정4873

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On July 2, 2013, the Defendant forged private documents at the office of “law firm C” located in Jung-gu, Busan, the Defendant prepared a power of attorney in the name of E in which the Defendant, the husband of the Defendant, would accept joint and several sureties, with respect to borrowing KRW 40 million from D, and the Defendant stated “E” and “E” in the letter of attorney’s joint and several sureties, and marks E’s seal impression that he was preparing in advance to the name of E.

Accordingly, for the purpose of exercising, the Defendant forged a letter of delegation in the name of E on rights and obligations.

2. At the time and place specified in Paragraph 1, the Defendant used the forged power of attorney-at-law in charge of authentication as if it were a document duly formed.

3. The defrauded borrowed money from the victim D at the date, time, and place specified in Paragraph 1, and the Defendant belonged to the victim by preparing a power of attorney-at-law in charge of authentication and submitting it to the attorney-at-law in charge of authentication, as stated in Paragraph 1, if the Defendant, the husband of the Defendant,

As above, the Defendant, by deceiving the victim, received 14.6 million won from the victim to the national bank account in the name of the Defendant, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A copy of a notarial deed, and application of delegation statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 231, 234, 231, 347 (1) of the Criminal Act concerning the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;