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(영문) 수원지방법원 2017.11.28 2017고단63
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2011, the Defendant, without authority, forged one copy of the letter of loan under the name of G, which is a private document concerning the rights and obligations on which G seal is affixed to the name of G, with the intention to borrow KRW 100 million from F, in E’s E real estate operated by Sung-si, Sung-si, with the intention of exercising the right to borrow KRW 100 million from F, and exercised it by delivering at the seat to F as if the above forged loan certificate was duly established.

Summary of Evidence

1. Legal statement of witness G;

1. Each legal statement of the witness H and I;

1. Statement made by each prosecutor with respect to G;

1. A report on investigation (a statement made as a witness D);

1. Decision on recommending compromise (2013 Ghana 21818 Loans);

1. Details on the change in the number of seals submitted by complainants;

1. Application of Acts and subordinate statutes on the loan certificate;

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, and the choice of imprisonment with prison labor, 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. Grounds for conviction under Article 62(1) of the Criminal Act (The following grounds for sentencing)

1. The summary of the Defendant’s and his defense counsel’s assertion did not arbitrarily affix his seal affixed to G seal affixed to the instant loan certificate, and G directly affixed its seal.

2. Therefore, the following circumstances acknowledged by the evidence duly adopted and examined by the court of this case, namely, ① the G’s design affixed to the loan certificate of this case was transferred to the former owner of the G’s seal imprinted to September 29, 2009, and the former owner of the loan certificate of this case was not the head of the existing seal imprinted on August 1, 201, when the loan certificate of this case was written. ② As such, the former owner of G’s design affixed to the loan certificate of this case was changed, the former owner of the G’s design affixed to the loan certificate of this case was also the head of the seal imprinted on April 8, 201, attached to the loan certificate of this case.

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