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(영문) 청주지방법원 2017.12.14 2017고정294
사문서위조등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 28, 2017, the Defendant was sentenced to four years of imprisonment for rape, etc. by the Cheongju-ju of the Daejeon High Court, and the said judgment became final and conclusive around that time.

The defendant, in the course of an investigation under suspicion that he/she arbitrarily disposed of the vehicles provided as security by C, kept a letter of payment in the name of the above C prepared by the above C in the blank of the amount under the suspicion that he/she arbitrarily disposed of the said vehicles, with the intention to enter the amount in the letter of payment in the form

1. On May 29, 2013, the Defendant: (a) indicated the amount column by using a tamplicate in the letter of payment in the name of the above C, the amount of which is a blank space without authority, with a view to exercising the right at his/her own residence located in the petitioner-gun D; and (b) indicated the “Won 128000” in the face of money.

Accordingly, the Defendant forged a letter of payment in the name of the above C, which is a private document on rights and obligations.

2. On May 29, 2013, the Defendant: (a) submitted a letter of payment in the name of the above C, which was forged under paragraph (1), at the economic team office of the police station corresponding to the Cheongju-dong located in the Cheongju-dong, Cheongju-si, to the Inspector F of the police station corresponding to the above Cheongju-dong, who was aware of the forgery.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Part concerning the Defendant’s statement Nos. 2 and 4, and C in the suspect interrogation protocol of each police officer on August 29, 2013

1. The letter of payment for forgery, the letter of original payment;

1. Previous convictions: Inquiry about criminal history and application of the defendant's legal statement statutes;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document) and the selection of fines for the crime;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be stated in the column of amount, although it exceeds the scope of delegation.

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