Cases
201 Highest 2070 Highest 2070
Defendant
Yang-si (67 years old, inn), cafeteria employees
Residential Suwon City
Suwon-si of reference domicile
Prosecutor
Ise Jinhee
Defense Counsel
Korea Legal Aid Corporation's Attorney Oat-hoon
Imposition of Judgment
December 28, 2011
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
Around October 5, 2010, the Defendant submitted a written complaint to the public service center of the Gyeong-gu Police Station of the Gyeong-gu, Chungcheongnam-si, Si, Si, Si, Dong-si, to the effect that the Defendant punished and punished Kim PPP. The content of the written complaint is that the Defendant was punished because he/she used his/her seal impression and passbook without the consent of the complainant and received the loan from a financial institution. After that, on October 6, 2010, the Defendant was subject to a supplementary investigation conducted at the investigation station of the North America-Gu and the Economic Team office of the two teams, and on June 26, 2006, the Defendant, the police officer in charge of the instant case, “YYYY”, and Kim PP, without the consent of the complainant.
On August 30, 2006, at the time of loan transaction, the defendant was given a loan to the defendant under his name by forging the power of attorney and using his seal imprint in his name on August 30, 2006, by obtaining a loan from the defendant Kim Jong-chul in his name on September 1, 2006, by obtaining the defendant's request for a loan from the defendant Kim Jong-chul, by obtaining a loan under his name on September 4, 2006, by obtaining the defendant's request for a loan from the defendant Kim Jong-soo, by obtaining a certificate of seal imprint from the defendant's name on September 4, 2006, and by obtaining the defendant's request for a loan under his name on September 13, 2006.
As above, the Kim PP had made a false complaint for the purpose of having the Kim PP receive criminal punishment, regardless of whether it made a false complaint, and the Kim PP.
Summary of Evidence
1. The defendant's partial statement in court;
1. Each legal statement of the witness Kime, whether or not;
1. A protocol of examination of suspect against KimP (including part of the whole part of the examination);
1. A protocol concerning the examination of suspect against a part of the defendant;
1. KimP and a protocol concerning the examination of suspect of each police station;
1. Details of issuance of certificates of seal imprint, details of provision of data with certificates of seal imprint, register of issuance of resident registration cards, etc. and cash consumption;
A lending contract, each certificate of personal seal impression, ( Note) an application for a Hashing member, passbook copy, and power of attorney 2
Every 4 copies of the register for issuance of certificates of seal imprint, power of attorney or consent of legal representative, and each investigation report.
(A) request for investigation cooperation (whether the debtor himself/herself is confirmed at the time of loan)
Application of Statutes
1. Relevant Article of the Criminal Act and the selection of punishment for the crime;
Article 156 (Selection of Imprisonment with Labor)
1. Competition;
Articles 40 and 50 of the Criminal Act
Judgment on the defendant and his defense counsel's assertion
The defendant and his defense counsel argued that the defendant defendant's seal impressions and passbooks of the defendant were stolen without the defendant's consent or approval, and that each of the monetary loan contracts, etc. of this case were forged and thus the contents of the above complaint against the defendant's defendant's plaintiff were not false since the defendant's seal impressions and passbooks were stolen, and the proxy was forged and thus the contents of the above complaint against the defendant's defendant's defendant's plaintiff were not false. In other words, the defendant's request that the defendant be allowed to get a loan under the defendant's name. The defendant allowed the defendant to use the above, and the defendant allowed the KimP to prepare a loan application, etc. on his behalf, and the defendant issued a certificate of personal seal impressions or a certificate of personal seal impression on behalf of the defendant's own, and the defendant did not accept the above defendant's loan's loan's own account in light of the fact that the defendant's loan was delivered to Kim PP as a loan's own name and its own account.
Reasons for sentencing
Although there are no criminal records of a fine or heavier punishment for the defendant, and there are circumstances that can be considered in the circumstances leading the defendant to the above crime. While the defendant's satis and the satis are the satis of the defendant at the time of the above loan, it is extremely poor that the defendant made a false complaint as stated in the criminal facts in the ruling with the aim of having his own satis and the satise as the defendant's satis at the time of the above loan, and the crime is extremely poor, and if the defendant denies it after committing the above crime.
In addition, the sentence should be determined in consideration of all the sentencing conditions for the defendant, such as the fact that there is no color that the defendant's mistake is pened.
It is so decided as per Disposition for the above reasons.
Judges
Judge Choi Jong-il