Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On November 7, 2013, the Defendant: (a) stated that “name: E (F) and address: Busan Metropolitan City Northern-gu G” in the column of joint and several guarantors for payment of the price for goods in D located in the city of Gyeong-nam, Kimhae-si; and (b) affixed E seal on E’s name.
Accordingly, for the purpose of uttering, the Defendant forged a letter of payment of the price for goods in the name of E, a private document related to rights and obligations.
2. On November 8, 2015, the Defendant: (a) sent a written payment of the price for counterfeit goods by registered mail at a post office located in the GJ located in Jung-gu, Busan; and (b) presented it to I, who was aware of the forgery, as if they were duly formed.
3. On November 8, 2015, the Defendant, at the above J office, presented to the victim I a letter of payment of the price for counterfeit goods, and acquired the pecuniary benefits, for which payment was postponed due to the delay of payment of the amount equivalent to KRW 62,095,034, the amount of the price for the goods sealed by the said I who believed the payment to be true.
Summary of Evidence
1. Part of the defendant's legal statements;
1. Legal statement of a witness I;
1. Part of the protocol concerning the examination of the accused;
1. Statement to I;
1. Application of the Acts and subordinate statutes of the original district court, a copy of a complaint, a letter of payment of the price of goods, a copy of recording, each of the judgment, a copy of the decision of the original district court
1. Relevant Articles 347(1), 234, and 231 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment as provided for in each Article of the said Act;
1. The grounds for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are as follows: The first crime (the scope of recommended punishment) for the reasons for the sentencing under Article 38(1)2 and Article 50 [the scope of recommended punishment] / [the scope of recommended punishment] for the basic area (six months to two years) for which no person is subject to special sentencing / [the scope of recommended punishment] for the second crime [the scope of recommended punishment] for the basic area (six months to one year and six months] for the first type of general fraud [the person who has no person subject to special sentencing] for multiple concurrent crimes: six months to nine years [the decision of sentence] for six months [the defendant] for the purpose of forging or altering private documents.