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(영문) 대전지방법원 2014.06.26 2014고단339

사문서위조등

Text

A person shall be punished by imprisonment with prison labor for 6 months with prison labor for the crime No. 2 of the judgment of the defendant, and imprisonment with prison labor for 8 months.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2013, the defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Daejeon District Court on March 20, 2013, and the same

3. 28. The judgment became final and conclusive.

【Criminal Facts】

From around 206, while the Defendant was working under the husband D of C and his woman operating a corporate bonds business, and was working to collect money borrowed from the debtors as bonds on behalf of C and D, the Defendant had the loan certificate, the certificate of personal seal impression, the certificate of seal impression, etc. in the name of C for the recovery of the debts. Using this, the Defendant used the transfer of C’s bonds and the transfer of the transferred claims to C are not recovered, he had forged a payment memorandum to the effect that C shall pay the amount of the directly transferred claims to C, and had the intent to claim for the amount of money on the payment sheet.

1. 사문서위조 피고인은 2008. 3. 28.경 불상의 장소에서 컴퓨터를 이용하여 ‘지불각서’라는 제목의 문서를 작성하면서 '금;壹億九仟貳拾萬원정 (₩190,200,000원), 상기금액을 1996,02,15,와 1996,08,28, 채무자;E 금₩65,000,000원과, 1995,04,21, 1998,07,04, 2000,02,10일에 채무자;F 금₩105,200,000원과 1998,05,07일 채무자;G 금₩20,000,000원에 대한 채무금에 대하여 “대전광역시 유성구 H아파트 803동801호에 거주하는 A(I)에게 채권을 양도하며, 만일 상기 채권양도금액이 추심이 완료 되지 않을 시에는, 각서인 본인은 2013년 03월 28일까지 상기 ”A"에게 상기 금액 전부를 지불할 것을 각서하며 이 지불각서에 서명합니다.

Documents attached; 1 copy of the certificate of personal seal impression; 28 March 2008; address of the above payment; J, resident number in Dong-gu, Daejeon Metropolitan City; K, name; C, and Don, which were printed out; and C’s seal held in advance on the name of the above C was stamped.

The defendant is therefore entitled to exercise.