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(영문) 서울서부지방법원 2013.05.02 2013고단444
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant borrowed and used a total of KRW 50 million from September 2007 to March 2008 from C and D, but around November 2008, upon receiving a demand from the above C to prepare a monetary loan agreement and to provide a notary deed, he was aware that he borrowed money under prior consultation with husband E.

On November 12, 2008, the Defendant: (a) voluntarily prepared a letter of delegation stating that “E delegates all the authority to entrust A with the preparation of an authentic deed of a monetary loan agreement” in the law firm G located in Gwangju-dong-gu, Gwangju-gu, 109; and (b) forged an E’s power of attorney-at-law under the name E with the name E, address, Gyeonggi-do Yang-gun, H; (c) then submitted to the said law firm’s attorney-at-law of attorney-law of the said law firm a letter of delegation for the preparation of forged notarial deed; (d) submitted the power of attorney-at-law of the said law firm to request D to prepare the authentic deed; and (e) KRW 50 million interest from D (the wife of the appellant) under the joint and several surety of A on January 16, 2008; and (e) between E and A have the law firm prepare the authentic deed of a loan for consumption after the execution of the above debt was made.”

As a result, the defendant forged a letter of delegation in the name of E, a private document on rights and obligations, and submitted it to the law firm officer who did not know that the power of delegation was forged, and made him enter false facts in the original copy of the notarial deed of monetary loan for consumption, and exercised the original copy of the notarial deed stating false facts.

Summary of Evidence

1. Defendant's legal statement;

1. Each preparatory document and each judgment;

1. Application of money consumption loan contract notarial deeds, power of attorney Acts and subordinate statutes;

1. Article 231 of the Criminal Act applicable to the crime, Article 231 of the choice of punishment for the crime (the point of reference to private documents), Articles 234 and 231 of the Criminal Act (the point of uttering of private investigation documents), Article 228 of the Criminal Act

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