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(영문) 수원지방법원 2016.05.11 2016고정309

사문서위조등

Text

Of the facts charged in the instant case, the punishment for aiding and abetting private documents shall be exempted.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

① On February 23, 2011, the Defendant was sentenced to a suspended sentence of 6 months with imprisonment due to the charge of forging private documents, etc. at the Suwon Franchising Board, and the judgment became final and conclusive on March 3, 201. ② On October 24, 2013, the Defendant was sentenced to imprisonment with prison labor of 10 months in terms of fraud, etc. at the Suwon Flachising Board, and on December 19, 2013, each of which judgment became final and conclusive on December 27, 2013. < Amended by Act No. 11614, Dec. 27, 2013>

On October 20, 2010, the Defendant, without authority, forged a copy of the loan payment agreement in F’s name, which is a private document related to rights and obligations, with the intention to borrow KRW 25 million from E at the D office of Suwon-si C 30-33, the Defendant entered the name of “F” in the joint debtor’s name column of the loan payment agreement, without authority, with the intention to use the loan of KRW 25 million from E at the D office of Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (person F and telephone conversations);

1. Relevant Article of the Criminal Act and Article 231 of the Criminal Act concerning the crime. Article 231 (Selection of Penalty Penalty)

1. The latter part of Article 37 of the Criminal Act: (a) the former part of the judgment and Article 39(1) of the Criminal Act provides for the following: (b) the crime of fraud, fabrication of private documents, and fraud of document execution with the purport that “the defendant, while borrowing KRW 21 million from G from D office around October 20, 2010, by forging and passing a lease agreement of an apartment house at KRW 21 million,” among the crime of the preceding part of the judgment, he/she actually borrowed money from E as stated in the crime of acquittal, which is exempt from punishment in consideration of equity with the case of judgment at the same time as the case of the judgment.”

1. The summary of the facts charged is that the Defendant borrowed KRW 25 million from E who is aware of the forgery at the date, time, and place indicated in the facts of the offense, and exercised the loan agreement forged as if it was genuine.

2. According to the records, according to the judgment, the defendant on December 19, 2013.