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(영문) 대구지방법원 김천지원 2016.12.06 2016고정393

사문서위조등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 21, 2014, the Defendant forged a private document, using the click-ro, 11, in the office of the Gyeongbuk-si, Gyeongdong-si, the Defendant affixed B seal with the letter of notarial commission stating, “3 client name B, date of birth C, address D apartment 1, 103-203, 103, 2003,” and the letter of delegation stating, “B, mandator B, address B, and D apartment 103, 2003, 103, 2003, and 303, the name of the third client.”

Accordingly, for the purpose of uttering, the defendant has forged one letter of request for authentication and one power of attorney in the name of private document B, which is a private document related to rights and duties.

2. The Defendant, at the same time and place as the above Paragraph (1) above, prepared a fair deed to the employees of the Gyeongbuk-si, who are aware of the forgery, and exercised it by delivering forged letter of delegation and power of attorney as if they were duly formed.

Summary of Evidence

1. Examination of suspect by the police of the accused;

1. Each police statement made to B, E, and F;

1. Application of relevant Acts and subordinate statutes to notarial deeds, written entrustment of notarial acts, and document specification of property;

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

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

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