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(영문) 서울서부지방법원 2018.11.09 2017고단1768
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal record] On July 24, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on October 31, 2014.

[Criminal facts]

1. On January 28, 2013, the Defendant: (a) entered the draft of the hospitalization agreement, which is kept in the Synae Hospital located in Seodaemun-gu Seoul, Seoul, in its annual length of 50-1, into “G” in the main column of joint and several guarantors, “E”, “F” in the official book, “F” in the official book, and “G” in the telephone number column.

Accordingly, for the purpose of uttering, the Defendant forged the part of the joint guarantor column of the hospitalization agreement in the name of D, which is a private document on rights and obligations.

2. The Defendant, at the same time and place as indicated in the preceding paragraph, issued a forged hospitalization agreement to H, an employee of the said hospital, who was aware of the forgery, as seen above, and exercised the said agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written agreement of hospitalization;

1. Written answers, etc. (including attached data) to a lawsuit claiming medical expenses;

1. Previous conviction: Inquiry about criminal history, inquiry about summary information of case, and application of the text of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the defendant's wrongness, the court shall take into account all the circumstances such as the defendant's age, sex, criminal conduct, health status, family relationship, and means and result of the crime at the same time with the previous conviction, equity with the case where the defendant is subject to punishment, circumstances leading to the instant crime, circumstances after the crime, and others.

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