logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2017.12.07 2017고정111
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a certified judicial scrivener.

1. On January 201, 2017, the Defendant forged private document: (a) using a computer to submit it to the court at the C’s office, at the request of D for the preparation of a complaint for civil litigation; (b) using the computer to submit it to the court; (c) preparing and printing out a complaint for the claim for cancellation of ownership with the purport of “the Defendants against the Plaintiff shall perform the registration procedure for cancellation of the preceding class, etc.’s ownership; and (d) being inserted in advance to the name of “Plaintiff E” of the end.

E’s seal was affixed.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a private document on the rights and obligations in the name of E.

2. On January 4, 2017, the Defendant: (a) submitted a forged complaint to the Changwon District Court (hereinafter “Seoul District Court”); and (b) submitted a false complaint to an employee of the competent court without knowledge of the forged fact.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police for E;

1. A warden;

1. Documents pertaining to the instant case [ insofar as the Defendant prepared a complaint in the name of E and exercised it without obtaining consent, even if he/she was delegated by D to prepare a complaint in the name of E, it was for the benefit of D.

Even if the defendant's intent to commit the crime of forging the defendant's private document and the crime of forging the above investigation document is recognized.

Application of Statutes

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

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;

arrow