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(영문) 서울남부지방법원 2014.05.19 2014고정458
사문서위조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Forgery of private documents and display of private documents on September 1, 2009;

A. On September 1, 2009, the Defendant, at the office of Seoul, Guro-gu Office 201, prepared a document stating that “The 1 C representative director D, borrower 1 C, borrower 2 C registered director E, borrower 2 C, F, and borrowed amount of loan will be KRW 10 million, and the above C representative director D and E agreed that the above amount shall be repaid in good faith by the date of promise for the management safety and development of C as C registered director and the largest shareholder (the first and second shareholders). On September 1, 2009, the above principal: D, E, agent, and agent: A and E shall be designated as his husband and the head of the C Development Headquarters as his agent, and have affixed E seal which was kept in advance on his name.”

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

B. The Defendant borrowed KRW 70,00,000 from the above F, which was aware of the forgery at the above time and at the above place, and exercised the forged loan certificate as if it were a document duly formed.

2. Forgery of private documents and uttering of private documents dated January 10, 2010;

A. On January 10, 2010, the Defendant promised to faithfully repay the above amount by the commitment date in borrowing C as a registration director and the largest shareholder (the first and second shareholders) for the purpose of the management safety and development of C, on January 10, 200, the Defendant prepared a document stating that “the borrower shall be appointed as the C representative director D, the borrower 1 C representative director D, the borrower 2 C representative G, the borrower G, the borrowed amount of cash , the above C representative director D and E shall be the registered director and the largest shareholder (the first and second shareholders). On January 10, 209, the above principal: D, the above agent, and the agent: A and E shall be designated as the husband and the head of the C Development Headquarters as their representative, and have affixed the E seal which had been kept in advance on his name.

Accordingly, for the purpose of uttering, the defendant is given a letter of loan in the name of E, a private document on rights and obligations.

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