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(영문) 대구지방법원 2016.11.10 2016고단3375

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant issued a surety insurance policy with the limit of KRW 100 million from the branch in operating a consignment sales agency, which is KRW 100,00,000, to the effect that the Defendant obtained the consent of the joint and several sureties, and in preparing a consignment agency contract entered into with KT, he will be forged as a joint and several sureties.

On December 26, 2011, the Defendant prepared documents with C’s consent on joint and several sureties’s office located in Daegu-gu, Seoul and with C’s consent on the Seoul guaranty insurance policy, and then signed C’s seal which had been obtained in advance from C’s name and resident registration number, address, etc. in the “entrusted agency joint and several sureties” column of the “entrusted agency contract” column, and affixed C’s seal which had been obtained in advance on the back of the name. In addition, C’s seal was affixed to C’s signature, stating C’s name, address, resident registration number, etc. in the end of the “joint and several sureties” column of the “joint and several sureties” page.

In addition, around that time, the Defendant issued the consignment agency contract in the name of the Plaintiff, who is an employee of KT in the name of the main office in Daegu, and the joint and several surety/credit information provision/use agreement in a lump sum.

As a result, the defendant forged the consignment agency contract in the name of C, joint and several guarantee certificate / credit information provision, and utilization consent form, which are private documents related to rights and obligations, and exercised them.

Summary of Evidence

1. Defendant's legal statement;

1. Police interrogation protocol of the accused (including the statement part ofC);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to entrusted agency contracts and written consents of joint and several sureties;

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.