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(영문) 수원지방법원 2015.06.10 2015고단1586
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight 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

When the defendant was aware of the fact that a person with a used vehicle with a financial guarantee is without a person who has been with a used vehicle with the same used vehicle, and that C is receiving a certificate of personal seal impression and a certificate of taxation by local tax item from D for the purpose of using it for the guarantee of personal identity, he used it to forge the certificate of financial guarantee.

1. On November 23, 2013, the Defendant forged Private Document: (a) stated “A” in the name column of the financial guarantee form; and (b) stated “A” and “A” in the name column of the financial guarantee form as “A” and “I guarantee the financial institution to compensate for any damage caused to you due to intentional or negligent conduct in connection with the motor vehicle transaction while on duty; and (c) stated “D” in the guarantee maximum amount column as “30,000,000; (b) November 23, 2013; and (c) indicated the resident registration number column and the name column of the guarantor; and (d) affixed a seal attached in advance to the documents subsequent thereto.

Accordingly, the defendant has forged a letter of financial guarantee, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph (1), issued the forged financial guarantee document to the representative G of the F Trading Company who is aware of the forgery and exercised the document as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of financial guarantee;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. The scope of the recommended sentence for the sentencing guidelines [decision of type] shall be the fraud crime group-private document forgery or alteration.

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