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(영문) 서울동부지방법원 2020.04.16 2020고정224

사문서위조등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a proxy of B Co., Ltd. that manages vehicles by taking advantage of the owner of the land from the owner of the land, and the mother of C, who is an affiliated engineer, was in mind of closing the said B Co., Ltd. registered as the representative.

1. On October 4, 2019, the Defendant forged private documents at the F Co., Ltd. office located in the E and the second floor of the Gu, for the purpose of uttering, stated “D”, “D” in the personal information column of the reporter of the aquaculture file by means of computer for the purpose of uttering, “D”, “D” in the power of attorney column, and “D” in the reporter column, and then printed out the private document into a printer. On October 4, 2019, the Defendant signed each of the above power of attorney and the reporter column.

Accordingly, the Defendant forged a report on discontinuance of business in the name of D, a private document on rights and obligations.

2. During the same day, the Defendant: (a) issued a report on the closure of a forged business to a staff member in charge of having knowledge of the forgery in the Tax Office; and (b) exercised the same as if it had been duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of report;

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, respectively;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The fact that there is no record of criminal punishment against the defendant under Article 59(1) of the Criminal Code of the Suspension of Sentence, the circumstances are to be considered in light of the background of the crime in this case, and the defendant recognizes all of the crimes in this case and reflects his mistake, and C also desires the defendant's wife, and other circumstances after the crime are committed.