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(영문) 부산지방법원 동부지원 2014.05.20 2014고단309

사문서위조등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 27, 2012, the Defendant forged a written request for payment under the name of C, which is a private document in the name of C, in order to withdraw, without C’s consent, deposits deposited in the Defendant’s account (D) at a single-dong Dok-dong Dok-dong branch of the Bank of Japan, Dong-dong, Busan, the Defendant entered the following as “D”, “amount in the Account Number column”, “O0 million won”, “C” on the date column, and “C” on the name column, and then forged a written request for payment under the name of C, which is a private document related to rights and obligations, in order to affix the seals of C’s personal seal impression in advance on the name.

2. At the time and place specified in Paragraph 1 of the above Act, a written request for payment forged as above was submitted to a bank employee with no knowledge of the name.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement C and E in the suspect examination protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes of a deposit payment statement and deposit transaction statement;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act (the occupation of exercising a falsified investigation document and the selection of fines);

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

1. Of the facts charged in this case under Articles 70 and 69(2) of the Criminal Act, among the facts charged in this case, it is recognized that the Defendant forged a claim for payment of deposit in the name of C in order to withdraw the deposit deposited in the Defendant’s mother’s account (F) at the Busan Busan Law Center located in the Dondong-dong of Busan on January 27, 2012, and submitted it to bank employees and exercised it without C’s consent. According to the results of the investigation of evidence by this court, the above account is in the name of C, but it is actually in the name of the Defendant’s account, and the deposit transaction is also managed by the Defendant, and it is recognized that C was aware of this.

If so, C.