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(영문) 대구지방법원 서부지원 2014.02.06 2013고단1536

사서명위조등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On August 26, 2013, around 22:30 on August 26, 2013, the Defendant used 52 copies of the card at “C” office located in Daegu-gu Seo-gu, Daegu-gu, with D, E, and F, and then received 7 copies of the card at the first time, and then offered 3 copies of the same number or if the number of the same pattern card is more than 3 pages, the Defendant was a person with the lowest number of card by offering the card, and the gambling called “hulule”, one time, in which the said person pays 2,00 won to that person.

2. On September 1, 2013, the Defendant: (a) received an investigation at a criminal office and office of the Seongbuk Police Station and the Sungdong-gu, Daegu-gu, Daegu-gu, as an gambling case, as described in paragraph (1), and entered the suspect examination protocol, a voluntary submission of seized articles, and a written waiver of ownership, in order to conceal the fact that he/she is under investigation by a fine unpaid; and (b) entered the signature of G, which is a type of G, in the written waiver of ownership.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. The Defendant, at the time and place specified in paragraph (2), submitted to the police officer a suspect interrogation protocol stating a forged G’s signature, a document of voluntary submission of seized articles, and a written waiver of ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes to the interrogation protocol of the police officer in G name (No. 6);

1. Article 246 (1) of the Criminal Act applicable to the facts constituting an offense (the point of gambling), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act (the point of exercising the false investigation and signature);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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