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(영문) 인천지방법원 2014.09.18 2014고단5292

사문서위조등

Text

A defendant shall be punished by imprisonment for four 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

1. On November 2009, the Defendant forged private document: (a) on the part of the Defendant’s Defendant’s wife E, Kimpo-si, Kimpo-si, Kimpo-si, (b) without authority, with a view to exercising the Defendant’s obligation to repay the debt to F, and (c) without authority, Article 12(B) of the “G agency contract” under the title of “(B)” (a) of the “G agency contract” (around November 23, 2009) stating that “A shall deposit the security deposit of KRW 150,00,000 with the business security deposit in order to prevent the consumer’s voluntary use of travel expenses and the loss caused by the closure of B. In the event of termination of the business, A shall deposit the business security deposit with B within one week; (b) stated that “A shall deposit the business security deposit with the Defendant’s wife E”; and (c) stated “A) the representative of Jongno Jongno-si, Seoul, the representative’s name “HJ’s (H)” and printed it in “A” column 70.

Accordingly, the defendant, without authority, forged a letter of agency contract in the name of the representative of IB, a private document corporation, which is a private document on rights and obligations.

2. Around December 2009, the Defendant at the office of F located in Gangseo-gu Seoul Metropolitan Government, delivered a copy of the agency contract in the name of the representative J, Co., Ltd. I, a private document that was forged, as set forth in paragraph 1, to secure the payment of obligations to F, who is aware of the forged fact.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of the statutes on G agency contracts;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act, the choice of punishment for the crime (the occupation of Articles 231 of the Private Document and Selection of Imprisonment), 234 and 231 of the Criminal Act;

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