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(영문) 대구지방법원 포항지원 2020.06.10 2020고정15
사문서위조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On July 20, 2014, the Defendant: (a) borrowed a certificate of borrowing KRW 10 million from D, and requested the Defendant to prepare and request the Defendant’s husband E with the loan certificate; (b) stated in blank, “a certificate of borrowing”, “Won 10 million (Won 10,000,000)”, and “a fixed amount of money” in the upper end of the year to exercise; (c) stated “creditors: D”, “EF”, and “Surety A” in the name of E with the private document on the rights and obligations affixed with E, and forged a certificate of borrowing KRW 1,00,000,00,000 to D; and (d) stated that the above D used the forged certificate as if it was a document established with a genuine loan certificate; and (d) stated that the loan certificate was forged on March 6, 2015, and exercised the loan certificate in the attached Form No. 600, Mar. 6, 2015.

Summary of Evidence

1. The defendant's partial statement (the defendant's assertion that it does not constitute a crime of uttering of a falsified investigation document, since it was forged in the form of D);

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. A complaint, a complaint (return of a loan), a certificate of borrowing, a certificate of contents (6), a statement of money transaction, a statement of account transaction, a statement of repayment, a statement of account transaction in the name of A, a statement of account transaction in the name of E, a statement of account transaction in the name of G, a copy of a certificate of borrowing, a receipt related to credit card loans

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The point of each private document assistance in the relevant law on criminal facts and the election of punishment: The point of each private document selective under Article 231 of the Criminal Act; and the point of each private document selective under Articles 234 and 231 of the Criminal Act; and the choice of each fine;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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