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(영문) 수원지방법원 안산지원 2016.10.18 2016고단3316
사문서위조등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

When borrowing KRW 100 million from B, the Defendant demanded B to borrow a loan certificate in the name of the Defendant with property and credit, and had the mind to forge it and deliver it to B without permission of C.

1. On October 1, 2013, the Defendant forged a copy of the loan certificate in the name of C, which is a private document with respect to rights and obligations, by entering the name and resident registration number of “C” in the obligor column and making the obligor output after entering the following C’s address in the name and sealing of C’s seal, under the title of “a car certificate,” which is a private document in the name of C, using the computer, by allowing the Defendant’s office located in Ansan-si, Ansan-si, Seoul-si, a member-gu, to exercise his authority without any authority.

2. The Defendant, at the above date, at the above time, sent the forged loan certificate to Nonparty B by facsimile as if it was a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement B in the prosecutor's interrogation protocol against the defendant

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

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 fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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