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(영문) 부산지방법원 서부지원 2018.08.22 2018고단690

사문서위조등

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to five and half years of imprisonment for fraud, etc. at the Busan District Court on March 9, 2018, and the judgment became final and conclusive on March 9, 2018.

1. On March 2015, the Defendant forged a private document: “GOLDNCHICE”, “B” in the subscription number column, “C” in the contractor column, “C”, “C”, “C”, “F, 757, 587/9, 492, 552, 152, 2052, and “the date of receipt of insurance money” in the column of “15”, “the date of receipt of insurance money” located in the Defendant’s office computer.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the deposit receipt in the name of the head of the branch office of Cambodia, Schlage, a private document on rights and obligations.

2. On March 2015, the Defendant: (a) found an AIA’s house located in 60 U.S. in the upper-west-gu, Chungcheongnam-si; (b) issued to C one copy of the forged receipt as stated in the foregoing paragraph (1) as if it were duly constituted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipt of deposit; and

1. Investigation report ( telephone conversations with C which is the customer of the accused company);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the confirmation of concurrent crimes after Article 37 of the Criminal Act of the accused), and application of the text of the judgment;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the crime of this case is defined as fraud, etc. for which judgment has become final and conclusive, and Article 37 of the Criminal Act.