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(영문) 인천지방법원 2018.02.08 2018고정25
사문서위조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a designer in the insurance company called "C" in Mapo-gu Seoul Metropolitan Government.

1. On November 2010, the Defendant drafted an insurance contract offer in a computer for the purpose of exercising at the main point of the trade name, “E,” located in the wife population D, and written in the column of “F,” “G in the column of “contractor’s name”, “resident registration number,” and “resident address” as “K Dong-dong,” but the written indictment for I located in H in the Gangwon-si, Gangwon-do, is clearly deemed to be a clerical error in the “I Dong” and there is no substantial disadvantage to the Defendant’s right to defense. Accordingly, the Defendant revised it ex officio.

After entering into J's "Contact space" column, output was made, using the printed written application of insurance contract using the scriptive body to write "in the column of contractual parties / company name / type of business", "F" in the column of "date of subscription" and "F" in the name of "contractor" and forged one copy of the written application of insurance contract in the name of F, which is a private document concerning rights and obligations, with the signature of "F".

2. On November 30, 2010, the Defendant exercised the said investigation document as if he were the document duly formed with the F’s subscription form in the name of false F, as described in paragraph 1, at “C” located in Mapo-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to F and statement protocol prepared by the police;

1. Application of Acts and subordinate statutes to subscription forms for insurance contracts, payment of premiums, and investigation reports (written appraisal and response);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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