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(영문) 대전지방법원 천안지원 2016.02.05 2015고정774
사문서위조등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 26, 2013, around 11:38, the Defendant: (a) prepared documents related to the subscription to the life insurance contract for NHAF Life, while working for the said agricultural cooperative; and (b) signed the documents subsequent thereto in order to increase the sales performance of his/her insurance products.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the written subscription for life insurance under the name of E, a private document on rights and duties.

2. The Defendant, while carrying out a life insurance contract at the time and place specified in paragraph 1 at the time and place, presented the forged document to the person who was not aware of the forgery and used it as if the documents related to the above forged life insurance contract were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol with respect to E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is recognized by this Court, and the defendant was a spouse.

Punishment shall be determined in consideration of the fact that it is a crime before filing a divorce lawsuit with E and the fact that it has been punished once by a fine for other types of crimes.

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