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(영문) 춘천지방법원 2015.01.29 2014고정344
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 28, 2009, the Defendant: (a) at a certified judicial scrivener office with which it is impossible to know the trade name in effect automatic in Chuncheon-si; (b) upon request from C to grant a loan of KRW 10,000,000, the Defendant paid the loan amount of KRW 15,000,000 to C; (c) upon delegation from C to obtain a loan by determining the loan amount of KRW 15,00,000; and (d) under delegation from C to obtain a loan of KRW 15,00,000, the Defendant entered the loan amount of KRW 15,000,000; (c) while keeping the loan amount column of the standard transaction contract between C and the debtor column as public space, the Defendant stated “D”, “C’s name and resident registration number”, and the interest rate column as “36% per month,” and then obtained the seal affixed by the above C to the name of

However, the Defendant had already borrowed KRW 18,000,000 from the above C’s loan amount to KRW 15,000,000,000 prior to being affixed the seal of the above C in the standard contract for loan transaction, and had the Defendant use KRW 3,00,000 among them.

Accordingly, at that time, the Defendant arbitrarily stated that “one thousand-one million Won (18,000,000 won)” in the loan column of the above standard loan transaction contract, and issued one copy of the standard loan transaction contract as if it was duly formed as above to the above D.

For the purpose of exercising authority, the Defendant forged and exercised the standard form of loan transaction contract under the name of the above C, which is a private document related to rights and obligations.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Written complaint filed by C;

1. The Defendant and the defense counsel’s assertion regarding the loan transaction standard contract and the defendant did not participate in the preparation of the above loan transaction standard contract, and also knew that C was to enter the loan amount of KRW 18,00,000,000. Thus, the crime of forging private documents and the same charged facts.

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