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(영문) 서울남부지방법원 2014.11.06 2014고단3744

공정증서원본불실기재등

Text

A defendant shall be punished by imprisonment for 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

1. On November 26, 2010, the Defendant forged private document: (a) indicated the name “B”, resident registration number “C”, and address “Guro-gu D apartment 204-901,” the husband’s name in the column of the delegating authority of the certificate of seal imprint located in Guro-gu Seoul Metropolitan Government’s civil petition office, Guro-gu Seoul Metropolitan Government, the Guro-gu Seoul Metropolitan Government Office’s Masan-ro 245; and (b) indicated the name “B”, “B”, “C” and “B04-901,” and marks the above B’

Accordingly, for the purpose of exercising a certificate, the Defendant forged a letter of delegation of the certificate of seal imprint in B, a private document related to a certificate of fact.

2. The Defendant, at the time, and at the place specified in paragraph (1), issued a false certificate of seal imprint to a public official in charge of issuing a false certificate of seal imprint as if it were a document duly formed.

3. On November 26, 2010, the Defendant made a notarized entry in the authentic copy of the authentic deed, and the event of the authentic copy of the authentic deed, the Defendant made a notarized monetary loan agreement to the effect that “A, a creditor HG, credit amount of KRW 46 million, joint and several sureties, B, and joint and several sureties, a joint and several sureties, who is a joint and several sureties, was issued with a forged power of attorney in accordance with paragraph 1, even though the notary public in Seoul Guro-gu Office No. 503, did not stand joint and several sureties for the Defendant’s obligation at the law firm F office, Defendant G, and H, which was issued through a forged power of attorney as provided in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to apply for a notarial deed, certificate of seal imprint, and certificate issuance register;

1. Relevant Articles 228(1), 229, 231, and 234 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The suspended execution is erroneous in Article 62(1) of the Criminal Act;