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(영문) 부산지방법원 2019.03.07 2017고단4809
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant and B, who forged private documents, were employed as a staff member of C Co., Ltd. operated by B.

B requested the Defendant to receive the loan due to the lack of the amount invested by the Defendant, but due to the Defendant's existing loan, it was impossible to do additional loan from the lending company without the guarantee of the joint guarantor, and D conspired to forge the guarantee-related documents as if D guaranteed the Defendant's debt is a joint and several surety without obtaining D's permission.

Accordingly, around 19:00 on December 4, 2015, the Defendant discovered loan companies that can be loaned at the office located in the office located in the building F of the building in Busan Metropolitan City, Busan, and received documents necessary for the loan through the loan broker. B, using a typesetting pen for the purpose of exercising at the above date, at the above time and place, entered “D” in the name column of the joint and several surety surety of the contract, “H” and “H” in the name of the joint and several surety, “K”, “K from December 4, 2015 to December 3, 2020,” “3,00,000 won”, “3,00,000 won”, “34.9%”, “34.9%” and “H” in the overdue interest rate column, and “D” in the name of the joint and several surety in the name of the joint and several surety, respectively.

As a result, the defendant and B, without the permission of the nominal owner D, forged four copies of the joint and several surety contract in the name of D, which is a private document concerning rights and obligations without the permission of the nominal owner.

2. On December 4, 2015, the Defendant and B submitted the forged D’s joint and several surety contract form, as described in the foregoing paragraph 1., to the G-related person who is not aware of the forgery at an infinite location around 19:00, and used it as if it were a document duly formed.

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