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(영문) 대전지방법원 홍성지원 2019.10.08 2019고정45

사문서위조등

Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around June 2016, the Defendant borrowed money to B, and transferred the maximum debt amount of KRW 100 million to B, which is set up for securing the Defendant’s claim against C and its claim, of KRW 100,000,000,000,000,000,000,000.

Upon receiving a request from B to provide additional security, the Defendant came to know that the consent of C is necessary to establish additional security against a claim against C transferred by the Defendant to B, and without obtaining C’s consent, the Defendant prepared a “additional collateral security creation contract” in the name of C and decided to provide other real estate owned by the Defendant to B as additional security.

On June 3, 2016, at the office of B located in Seo-gu, Daejeon, the Defendant: (a) attached a three-dimensional seal produced by the Defendant on the side of the obligor C at the bottom of the “the creation contract for additional collateral security” prepared by a certified judicial scrivener; and (b) delivered it to a certified judicial scrivener who is unaware of the circumstances.

Accordingly, the Defendant forged and exercised the written contract to establish a mortgage in the name of C, a private document on rights and obligations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and F;

1. Application of Acts and subordinate statutes on the creation of additional collateral security;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing under Article 334(1) of the provisional payment order, the contents and circumstances of the instant crime, the passage after the crime, the fact that the Defendant was punished for a suspended sentence on the grounds of a similar crime in around 2015, and other factors for sentencing, including the Defendant’s age, occupation, and environment