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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal history] On August 19, 2015, the Defendant was sentenced to a suspended sentence of one year on September 5, 2016, due to a violation of the Labor Standards Act in the Militarysan Branch of the Jeonju District Court, and the judgment was finalized on September 5, 2016.
[Criminal facts]
1. On March 10, 2014, the Defendant: (a) stated in the column for the amount of the certificate of the borrowed money printed with the scriptive pen in the office of the Dispute Resolution Co., Ltd. in Si/Gunsan-si; (b) stated in the column for the maturity of payment that “one hundred million won is determined”; (c)” in the column for the interest column, “two percent per annum”; and (d) stamped the obligor column; and (c) stamped the rubber name stating the corporate business operator number, address, representative name, etc. in the column for the joint and several guarantors, which was kept in advance in the column for the joint and several guarantors; and (d) stamped E on each side.
Accordingly, for the purpose of uttering, the Defendant forged a copy of the borrowed money certificate in the name of E, a private document on rights and obligations.
2. On March 10, 2014, the Defendant exercised the said investigation document by delivering the forged loan certificate to H as if it were a document duly formed, at the G coffee shop located in the Sinsan-si F, Sinsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of H by the prosecution;
1. Statement made by the police for E;
1. A copy of a certificate of borrowing;
1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of related cases), and application of each statute of the judgment;
1. Relevant provisions of the Criminal Act and Articles 231 of the Criminal Act (the point of Article 231 of the Private Document, the choice of imprisonment), 234 and 231 of the Criminal Act (the point of exercising the above investigation document and the choice of imprisonment);
2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act (the reason for sentencing is not applicable in relation to concurrent crimes after Article 37 of the Criminal Act) is as follows: (a) comprehensively taking into account the following circumstances and other conditions of sentencing, such as the defendant’s age, sex, environment, motive, means and consequence of the crime, etc.