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(영문) 의정부지방법원 2019.02.01 2018고단706
사문서위조등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

From October 2014, the Defendant was urged to pay the goods due to the Defendant’s failure to pay the goods due to the Plaintiff’s obligation to the Plaintiff, which was the subcontractor, from around August 2014, and was urged to pay the said goods, around August 2015, the Defendant arbitrarily entered D with the consent of D, the Defendant’s representative of the said company, as a joint guarantor, and entered D’s written confirmation of payment as a joint guarantor.

1. On August 2015, the Defendant forged private documents at the F Office located inside the building E at the time of Pakistan, using the official approval color pen to enter “D”, “G” and “G” in the resident number column and the address column in the joint and several sureties, and signed as D on the name of the joint and several sureties.

Accordingly, the Defendant forged a letter of payment certificate in the name of D, a private document on rights and obligations.

2. Around August 2015, the Defendant: (a) exercised the said payment confirmation form to the said C, who was aware of the forgery, as if it had been duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (C hearing statements);

1. Application of statutes governing payment confirmations;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the uttering of a relevant investigation document heavier than the hostage) among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. have forged a written confirmation of payment in the name of D, which was the defendant's wife at the time to secure the obligation to pay for the goods of KRW 101,703,00, which the defendant himself bears against B, and issued to C, the representative of the above company.

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