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(영문) 대구지방법원 서부지원 2016.11.23 2016고정580
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Before obtaining a certificate of personal seal impression from C for any other purpose, the Defendant had the intent to forge the right to claim ownership transfer with the content that C transfers real estate owned by C to the Defendant, so that C may not exercise its property right.

On August 25, 2015, the Defendant: (a) stated in the application for registration that “C” and the name “C” and the address “F, 402 Dong 702 Dong 702, the name and address of the delegating Party F, and the name and address “C” and sealed C’s seal imprint on the name next to C’s name.

Accordingly, the Defendant forged the application for registration of transfer of ownership, which is a private document with respect to the rights and obligations under C, and issued it to the court employees who are not able to know their names on the job.

2. On November 3, 2015, the Defendant: (a) prepared a letter of delegation in C using a certificate of personal seal impression in the name of H located in Daegu-gu G with the former purpose at the H H’s direct management store; and (b) stated C’s name in the column for the mobile phone subscription application.

As a result, the defendant forged a letter of delegation or application for mobile phone subscription, which is a private document on the rights and obligations of the name C, and exercised it by delivering it to the employee whose name is unknown at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A letter of complaint and power of attorney;

1. Application of a copy of the application for provisional registration of claim for transfer of ownership (16 pages of the record), a copy of application for mobile phone entry (39 pages of the record), a copy of power of attorney (41 pages of the record);

1. Relevant Articles 231, 234, and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a falsified investigative document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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