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(영문) 서울중앙지방법원 2020.05.21 2020고정89
사문서위조등
Text

Defendant shall be punished by a fine of KRW 500,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

While the Defendant was unable to repay the money borrowed from the son B, on March 2018, the Defendant asked the above B to lend the money, and the above B demanded from the above B to “to obtain a loan certificate issued in the name of the Defendant to guarantee the obligation, if it is impossible to refund the money, to accept the loan certificate issued in the name of the Defendant to guarantee the obligation.” The Defendant was unable to request the Defendant’s husband C, who was unaware of the Defendant’s debt amount, to prepare a loan certificate in the name of C because it is difficult to request the Defendant’s husband C

1. On March 9, 2018, the Defendant forged private document: (a) written the title “a tea” using a studio on the street paper in the “F store operated by the Defendant located in the Dongjak-gu Seoul Metropolitan Government D D Building E; and (b) written that the sum of KRW 30 million will be paid as of March 9, 2018; and (c) written that the sum of KRW 300 million will be paid on May 6, 2018; and (d) written as follows, written C’s address, name, and resident registration number and written C’s signature arbitrarily on C’s name.

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

2. On the same day as in the preceding paragraph, the Defendant was found in the house above G and H in Dongjak-gu Seoul Metropolitan Government, G and H, and exercised the forged loan certificate as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning filing of a complaint and coal applications;

1. Relevant Articles 231 and 234 of the Criminal Act concerning facts constituting an offense. Article 234 (Selection of Punishment of Fines)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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