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(영문) 인천지방법원 2017.09.08 2017고정1860
사문서위조
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A has jointly and severally guaranteed the obligation of KRW 6 million to C, and thereafter, Defendant A requested D to lend KRW 9 million to Defendant B on January 4, 2016, along with Defendant B, and D requested Defendant A to lend the existing joint and several liability obligation of KRW 6 million.

1. 4. The loan certificate of KRW 15 million was prepared in total, and the defendant Eul demanded joint and several sureties and additionally requested the defendant Eul's husband E to provide joint and several sureties.

Defendant

A refused to request joint and several sureties to her husband E, but D stated that “E is a joint and several surety, and there is no problem with the payment of money after the loan certificate,” and Defendant A consented to the loan certificate, and the Defendants conspired to enter E as a joint and several surety even without permission of E, with D.

On January 4, 2016, the Defendants and D prepared at the “G” coffee shop located in the Nam-gu Incheon Metropolitan City, Seoul, in accordance with the above public offering, “G,” D, “a letter of loan and performance,” and Defendant A affixed a seal on the joint guarantor’s letter, stating that “F,” “F,” “I will pay the creditors and agreed interest,” “F,” “F,” “F,” “F,” “F,” and “B,” “IF, 605, and “F,” in the above public offering,” and the Defendant B affixed a seal on the joint guarantor’s letter “1. joint and several guarantors”.

In collusion with D, the Defendants forged a copy of “a letter of borrowing and performance” in the name of E, a private document related to rights and obligations, as seen above, for the purpose of uttering.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

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

1. The Defendants: Articles 231 and 30 of the Criminal Act; the Defendants’ choice of punishment and relevant laws regarding criminal facts; and the selection of fines

2. Attraction of a workhouse;

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