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(영문) 수원지방법원 2013.07.24 2013고단430

공문서위조등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was sentenced to imprisonment with prison labor for six months in the Suwon District Court for fraud and the above judgment was finalized on October 16, 2009.

1. On April 12, 2007, the Defendant forged a public document with the name and resident registration number of “A” and “E” indicated in the name column of “D entertainment tavern” and the Defendant’s personal seal imprint on the name side of the name, “A” and “E”.

Accordingly, the defendant, for the purpose of exercising his official document, forged a business registration certificate for the defendant under the name of the head of the Suwon Tax Office.

2. The Defendant used a forged official document to borrow money from F at the above time and place, and issued the forged official document registration certificate as if it were issued genuinely.

Summary of Evidence

1. Defendant's legal statement;

1. Business operator registration certificate;

1. Previous convictions: Application of a copy of judgment;

1. Articles 225, 229, and 225 of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The crime of this case against the defendant for the reason of sentencing under Article 62 (1) of the Criminal Code of the suspended sentence is related to the forgery and the exercise of the business registration certificate which has already been used in the crime of fraud for which punishment becomes final and conclusive, and it should be reflected in the sentencing. The business registration certificate in question is a little amount of punishment in the form that the defendant stated that he will receive the business operator and resident registration number in the state of non-delivery, and the defendant is recognized and divided.

It is so decided as per Disposition for the above reasons.