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(영문) 대전지방법원 2015.08.13 2013고단1473

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2013 Highest 1473] In the process of establishing a stock company E with D, the Defendant, while handling the registration of establishment of the above E, had the seal impression and a certificate of seal impression obtained from D, with the intention to sign D with D, with the intention to sign D as a joint guarantor in borrowing KRW 100 million from the comprehensive wholesale company which was gathered after forging the power of attorney.

1. On November 3, 201, the Defendant forged a private document within the office of notary public G, located in Seo-gu, Daejeon, Seo-gu, Daejeon, stating in the proxy form that “A”, “A” in the obligee column, “A” in the obligor column, “E, D” in the debt column, “D” in the delegating column, and “D” in the mandator’s name, and affixed a seal impression of D’s prior possession on the name of the mandator.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of D, a private document related to rights and obligations.

2. The Defendant used the forged power of attorney at the time, place, and place under paragraph (1) as if it were a document duly formed, to the employees in charge of the said notarial office who knew of the forgery.

[2014 Highest 4448]

1. On July 8, 2011, the Defendant concluded a contract for the supply of the uniforms with the victim at the victim I’s office located in Seo-gu Daejeon H building 502, Seo-gu, Daejeon, with the victim’s “I”, and the raw material value is required. The Defendant made a false statement to the effect that the Defendant would make reimbursement within one month from the Jeju-do LBD, LBD’s loan of KRW 10 million, as the price entered.

However, at the time of fact, the Defendant was at risk of being subject to seizure due to the failure to pay the installment payments even if he borrowed money from the victim because of economic difficulties, such as failure to pay wages properly, etc., with the unpaid amount of the 4th insurance premiums.