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(영문) 창원지방법원 통영지원 2016.08.11 2016고단512

사문서위조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant remarriedd with B and died as married couple, and divorced by agreement.

1. On July 6, 2015, the Defendant offered B (40 square meters), D (23 square meters) and its ground buildings (49 square meters of a single-story house) as security to E at the macro-type registry office located in ancient-dong at the same time, and prepared a certificate of borrowing KRW 50 million, and without the consent of B, entered B’s name, resident registration number, and address in joint guarantor column and affixed B’s seal for the purpose of exercising B’s right and duty, and used B’s certificate of borrowing in the name of private document B, which is a private document on rights and duties, for the purpose of exercising B’s seal, and issued B a false certificate of borrowing to E who is unaware of such forgery.

2. On January 20, 2016, the Defendant: (a) drafted a lease agreement in which I and the deposit amount is KRW 10 million to the revenue holder of H detached Housing at the time when he/she was possessed by B from G real estate located in G, which was located in F on January 20, 2016; (b) entered B’s name, resident registration number, etc. in the lessor column without B’s consent; and (c) affixed B’s seal and affixed B’s seal for the purpose of exercising; (d) forged one copy of the lease agreement in the name of B, which is a private document on rights and obligations; and (e) issued the said lease agreement to I who

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. To each remain in existence of the loan certificate and the lease contract for detached houses;

1. A certificate for all registered matters;

1. Application of Acts and subordinate statutes on recording;

1. Relevant provisions of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of excercise of the above investigation document) and the selection of punishment for imprisonment with prison labor;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria;

(a) Class 1 crime (the scope of recommendations) forgery, alteration, etc. of private documents;