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(영문) 제주지방법원 2013.07.18 2013고정487

사문서위조등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On January 29, 2013, the Defendant forged a private document: (a) stated that, around 13:00 on February 4, 2013, the Defendant: (b) stated that, “A”, “E,” and “E, 206,” in the name column of the person entrusted with the issuance of a certificate of the personal seal impression at the Nowon-dong Community Service Center in the letter of proxy form, “A”, “F building in Jeju Special Self-Governing Province, 101 Dong 206” in the letter of proxy form; (c) stated “A”, “F building in Jeju Special Self-Governing Province, 101 Dong 206” in the letter of delegation; (d) stated “C”, “G” in the name column, resident registration number column, and “G” in the name column of the delegating; and (d) affixed seals on each of the above C’s name.

Accordingly, for the purpose of exercising, the Defendant forged a letter of delegation to issue a certificate of personal seal impression in C, which is a private document related to rights and obligations.

2. The Defendant at the above date, time, and place, submitted a forged power of attorney to public officials H who knew of such forgery as above, and exercised it as if they were duly constituted.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to a copy of a letter of delegation for issuance of certificate of discretionary identification and resident registration cards (Abstract of cancellation);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (the first offender who is led to confession and reflects the criminal defendant, and has no record of criminal punishment); and