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(영문) 수원지방법원 성남지원 2017.01.19 2016고단2283

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant prepared a certificate of borrowing from D Co., Ltd. on April 30, 2010 to borrow KRW 500,000,000 from D Co., Ltd., and without authority, the defendant entered the certificate of borrowing from D Co., Ltd., with the intent to exercise the right, “E” in the borrowed instrument using the color pen and without authority, and the defendant was in possession of it next to his name.

E’s seal, which is a private document on the rights and obligations affixed, forged a copy of the borrowed document in the name of E, and sent it to F who actually operates D Co., Ltd. as if it was duly formed, and exercised the forged borrowed document.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes on respective borrowing deeds;

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, and the choice of imprisonment with prison labor, 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 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 201Do1448, Apr. 2, 2011; Supreme Court Decision 201Do1448, Apr. 21, 2011; Supreme Court Decision 201Do1135, Apr. 2, 201