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(영문) 전주지방법원 군산지원 2020.04.08 2019고단1834

사인위조등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant thought that he/she is a member of the C Centers in the Gunsan City, and that D, the chairperson of the above C Centers, could not properly perform his/her work, and he/she thought that he/she was registered as the chairperson of the New Gu Senior Citizens Center.

On January 12, 2017, the Defendant: (a) prepared the minutes stating the contents of “E as the chairperson of a senior citizen; (b) 30 members agree thereto; (c) written the names of F, G, and H on the list of participants accompanying the said minutes; and (d) ordered the above E to “F, G, and H’s permission without obtaining permission from the said F, G, and H; (c) instructed the above E to “A” without obtaining permission from the said F, G, and H; (d) affixed the seal affixed to the above F, G, and H’s name and affixed it to each of the above names; and (e) on the same day, the Defendant issued the said minutes and the list of participants as if the seals were duly signed by the person in charge of the name in the J’s name in Busan-si located in I, Si, Gun, who is aware of the forgery.

Accordingly, the defendant forged another's seal for the purpose of uttering, and used the forged seal of another person.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of E;

1. Statement of each police statement to D or K;

1. Each complaint, copy of minutes, investigation report (Evidence Nos. 8, 22), application of Acts and subordinate statutes;

1. Article 239 (1) of the Criminal Act and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense (the occupation of an exercise which is a false investigation);

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act recognize and reflects the instant crime for the reason of sentencing, the fact that there is no record of criminal punishment exceeding the fine, and the defendant’s age, character and conduct, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of all the sentencing indicated in the record shall be determined as ordered.