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(영문) 서울중앙지방법원 2017.04.12 2016고정4102

사문서위조등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 13, 2016, the Defendant forged private documents: (a) indicated the purport to delegate the issuance of a certificate of seal imprint in the Bosung-si office located in Bosung-gun, Bosung-gun, Seosung-gun, in the letter of delegation for the issuance of a certificate of seal imprint; (b) stated “C” in the letter of delegation for the issuance of a certificate of seal imprint; (c) “D” in the resident registration number column; and (d) in the state column, “Seoul Seongdong-gu, Seoul; and (c) indicated “land inheritance” in the usage column; and (d) affixed C’s seal.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of delegation to issue a certificate of personal seal impression in the name of C, a private document on rights and obligations.

2. The Defendant, at the time, at the place specified in paragraph 1, submitted to the public official in charge of the use of a forged document, a letter of delegation for the issuance of a forged seal imprint certificate was duly formed.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police against C;

1. Application of up to two parts of the Acts and subordinate statutes to a seal imprint certificate, family relation certificate, or a letter message to capture;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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;