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(영문) 수원지방법원 2018.08.30 2018고정1093

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

1. On December 19, 2017, the Defendant: (a) stated “D, E, A, A, A, B, and D, D, 401” in the letter of proxy for the issuance of the certificate of seal imprint kept at the Dong office located in Yong-gu, Young-gu with his father D (Death on November 30, 2017) without his consent; (b) stated “D, E, A, A, A, E, A, and D, 401” in the agent column; and (c) marked D’s seal prepared in advance on the part of the mandator’s name.

Accordingly, for the purpose of exercising the rights and obligations, the defendant forged a letter of delegation to issue a certificate of personal seal under the name of the deceased D, a private document.

2. The Defendant exercised the instant investigation document as described in the foregoing paragraph (1) when the power of attorney to issue forged certificates of seal imprint was duly prepared, and thereafter, submitted the document to the public official in charge of issuing the certificate of seal imprint in C’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act (the fact that Article 231 of the Act applies to private documents, the selection of fines), Articles 234 and 231 of the Criminal Act (the fact that the aforementioned investigation document is exercised, the selection of fines) concerning criminal facts;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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