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(영문) 대구지방법원 포항지원 2018.11.15 2018고단1167

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, upon receiving a demand from the obligee B, prepared a letter of payment for the amount of KRW 120 million from the obligee B, and prepared a letter of payment for the joint and several surety, using the custody of the corporate seal impression of C Co., Ltd., a joint and several surety, with the use of the said letter of payment for the said company’s seal impression as the joint and several surety.

1. On March 24, 2017, the Defendant forged a private document in a car page in which it is impossible to identify the trade name moving south-gu at the port of loading on or around March 24, 2017, and B in advance by means of a computer on A4 paper.

2. Address: Address D, resident registration number, E: each letter of payment printed "C" was affixed to the defendant, who was in possession of the above company's seal impression in advance on the legal life side of the Nuriju Co., Ltd.

Accordingly, for the purpose of uttering, the Defendant forged a letter of payment in the name of C, a private document on rights and obligations.

2. The Defendant, at the time and place specified in the foregoing paragraph 1, exercised the instant investigation document as if he were duly formed one copy of the forged payment, as described in the foregoing paragraph 1, to B, who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the legislation of each letter of payment

1. Relevant legal provisions concerning facts constituting an offense and the violation of Article 231 of the Criminal Act concerning the selection of a private document: The occupation of exercising the above-mentioned documents under Article 231 of the Criminal Act: Articles 234 and 231 of the Criminal Act;

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 (see, e.g., Article 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do148, Apr.

1. The community service order under Article 62-2 of the Criminal Act;