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(영문) 인천지방법원 2019.05.23 2019고단1395
공문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

While the Defendant was receiving a loan consultation from a name-free person who became aware of through SNS, the Defendant opened a business operator in the name of the Defendant, and conspired to receive a loan by forging the opening date, time, certificate of income, etc.

1. On March 2018, the Defendant forged public document documents with the business registration certificate of “B” and the certificate of income, which had registered the business under the name of the Defendant, shall be caned with the certificate of income, and the above person in poor name shall be found to be the above person. The above person in poor name shall be bound by arbitrarily entering the name “2,949,814” in the column of the opening date of the business registration certificate, “2016,00”, “22,949,814 (won),” “2,078,172 (won)” in the column of the total determined tax amount.

The defendant forged a business registration certificate under the name of the director of the Seocheon District Tax Office and a certificate of income for the purpose of exercising his official document in collusion with the person who has lost his name.

2. Around April 16, 2018, the Defendant presented the forged business registration certificate and income certificate certificate to a staff-in-charge who may know of the forged facts, such as the preceding paragraph, while applying for a loan at the branch of D Bank Unit of D Bank located in Dong-gu Incheon Metropolitan City, Dong-gu D Bank.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation report ( telephone communications at the location of the branch office of the D Bank E hospital);

1. Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense, and Articles 229 and 225 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (the determination of types) shall be limited to the scope of recommendations (the determination of types) according to the sentencing guidelines for official document crimes, etc. [Type 1]. Non-business and non-organization (special person) mitigation factors: Cases where social risks have not been realized because the ultimate objective of crimes has not been achieved;

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