beta
(영문) 서울중앙지방법원 2015.02.05 2015고정162

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant, as the number of days requires the certificate of the personal seal impression of the guarantor, had the certificate of the personal seal impression in custody of pro-B, and had the certificate issued under his name.

1. Forgery of private documents;

A. On June 9, 2010, the Defendant stated in the letter of delegation of a certificate of seal imprint or written consent of legal representative located in Gangnam-gu Seoul Metropolitan Community Center that “B” column “E” on the date of preparation of “YY-gu F” column in the name “E” column and marks the above B’s seal imprint which the Defendant kept in his/her name.

Accordingly, for the purpose of exercising, the Defendant forged a letter of proxy for the certificate of seal impression in B, a private document related to rights and obligations.

B. On November 15 of the same year, at the above place, the Defendant stated “B” resident registration number column in the name of the mandator in the foregoing manner as “E” in the “E address column,” and affixed the seal imprint of B, which the Defendant was in custody following the name, on November 15, 2010.

Accordingly, for the purpose of exercising, the Defendant forged a certificate of seal imprint under the name of private document B, which is a private document related to rights and obligations.

2. The Defendant exercised the right of representation for a forged certificate of seal imprint as described in paragraph (1) on the same date and time as paragraph (1) of paragraph (1) and at the same place as that of paragraph (1) by delivering it to an employee who may not know the name of the community service center without knowledge of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of delegation or written consent of each certificate of seal imprint;

1. Application of statutes on the issuance of certificates of seal imprint;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. The Criminal Act for the detention of a workhouse;