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(영문) 대구지방법원 김천지원 2013.11.20 2013고단1143

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 26, 2008, the Defendant purchased C from B for KRW 90,00,000 from B, but was in a situation where the Defendant would transfer C to D as a means of repayment of his/her obligation to west D on March 26, 2008, and the purchase price of C was neglected.

On February 28, 2008, the Defendant entered the title “C, F sales contract,” “A building 202/506 in the seller’s column” in the name of the Defendant’s branch of the Defendant in the Gandong-gun E using the computer in the name of “C, F sales contract,” “A building 202/506 in the seller’s column: H: name: B, the purchaser’s name “I, I, the resident number in the buyer’s column: J, A: the seller and the buyer agreed to hand over Samsunggas (high pressure sector) and agreed to the following. The seller and the buyer agreed to hand over Samsunggas (high pressure sector; KRW 110,00,000 in the sale amount column; and on February 28, 2008 in the date, respectively, affixed the seal affixed by the Defendant to B’s name at his own discretion.

Accordingly, for the purpose of exercising, the Defendant forged a sales contract in the name of B, which is a private document on rights and obligations.

2. On March 2008, the Defendant: (a) transferred the aforementioned C from the K Office in the operation of the above D, which was located in the Seocho-si, Sinsi; (b) transferred it to D as the repayment of debt to D; and (c) presented a forged sales contract to D, who may know of the forgery, as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of L, B, and D;

1. An original copy of a complaint for M, L's complaint, and attached materials, M or L's complaint;

1. Application of Acts and subordinate statutes to each investigation report (with respect to a contract keeping B of reference witnesses, B of telephone communications, complainant L, and B of reference witnesses);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

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