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(영문) 서울중앙지방법원 2016.10.18 2016고단5718

사문서위조등

Text

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

Reasons

Punishment of the crime

On December 26, 2014, the Defendant was sentenced to six years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court on August 27, 2015, and the judgment was finalized on August 27, 2015. On August 12, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on August 12, 2016, and is currently pending in the appellate court at the present time. The Defendant was a designated beneficiary status on January 2010, and was unable to operate the business under the name of the Defendant, and was willing to operate the business in the name of M in the name

On August 30, 2010, the Defendant entered “V”, “V”, “O in the resident registration number column,” and “O” in the seat column of the place of business (organization) in Samsung tax office located in the Gangnam-gu Seoul Metropolitan Government Department, Gangnam-gu, Seoul, the Defendant entered “505” in the trade name column of the application for business registration.

Then, the Defendant submitted the application for registration of a forged business operator at the above time and place as if he were genuinely prepared to the public official in charge of such fact.

For the purpose of exercising authority, the Defendant forged the business operator registration application in the name of M, which is a private document related to rights and obligations, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's interrogation protocol of the accused;

1. A written statement prepared by M;

1. Certificate of closure;

1. Criminal records;

1. Application of a copy of judgment;

1. Relevant legal provisions concerning facts constituting an offense and Articles 231, 234, and 231 of the Criminal Act that choose a penalty (the occupation of using a private document and the choice of imprisonment), 234, and 231 of the Criminal Act;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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