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(영문) 전주지방법원 정읍지원 2017.09.21 2017고정75

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the husband of C.

At the time of the death of the Defendant, the Defendant had been willing to conclude a contract with C, which is an insurance product of the same fire marine insurance company that guarantees KRW 500 million to the contractor at the time of the death, as the insured of "1506 non-payment profal accident insurance with no dividends."

1. On June 19, 2015, the Defendant forged a private document stating “C”, “C”, “C”, and “C” as “C” in the name column of the insured’s name concerning the provision of information on the insured, the obligation to notify prior to the contract, and the personal (credit) at a place unknown to him/her.

Accordingly, for the purpose of uttering, the Defendant forged an offer of "1506", which is a private document on rights and obligations, for the purpose of uttering.

2. On June 2016, the Defendant: (a) issued the forged insurance subscription form to the insurance solicitor E working at the office D branch of the Seo-gu Seoul Metropolitan Government Department D branch of the said insurance company as if it were a document duly formed; (b) exercised it by the said insurance company’s receipt box.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Insurance tax inquiries;

1. Investigation report (to apply Acts and subordinate statutes to the head of the branch office D branch office of the same fire department);

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), the selection of fines for 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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