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(영문) 대구지방법원 의성지원 2015.12.03 2015고정45
사문서위조등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 15, 2015, at around 11:00, the Defendant: (a) stated that “A was elected as the head of the branch office of the Association” in the form of “the 11th representative (chief of the branch office of the Association)” and “the 11th representative (chief of the branch office) of the C Association” at the office of damage insurance against ELA located on the north-gun 14 North Sung-gun, Seongbuk-gun; and (b) indicated that “A was elected as the head of the branch office of the Association” on January 13, 2015.

Accordingly, for the purpose of exercising a certificate of fact, the Defendant forged one copy of the “the 11th Representative Election Report (Notice)” by the chairman of the Election Commission of the Sung-gun Branch Election Commission of C Cooperatives, which is a private document related to the certificate of fact.

2. At around 12:30 on January 15, 2015, the Defendant: (a) delivered one copy of the forged “Report on Election of the 11st Representatives (the chief of the branch office)” to the employees G who are aware of the forgery at the CUnion office located in Busan City F, as prescribed in paragraph (1) of the same Article; and (b) exercised the same as if it was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. Application of Acts and subordinate statutes to a report on the election of the 11th representative (the chief of the branch) and the 11th representative (the chief of the branch) of a cooperative;

1. Relevant legal provisions concerning facts constituting an offense and Articles 231, 234, and 231 of the Criminal Act that choose punishment (the occupation of exercising the illegal investigation documents and the choice of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act to bear litigation costs

1. The Defendant, with the consent of the chairperson E of the election management committee, sealed the official seal on the “Report on the 11st Representative (department chief)” and did not forge a document.

or the consent of E is obtained.

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