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(영문) 인천지방법원 2018.09.07 2018고정248
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

The Defendant, without the consent of E, intended to register the transfer of ownership in the name of E in the name of the Defendant or the Defendant’s joint name without the consent of E, where the husband takes custody of the other women’s personal seal certificates, seal imprint books, etc. of E.

1. On May 24, 2017, at the G office located in the Seo-gu Incheon Metropolitan City, the Defendant: (a) had H staff of the said office, who is aware of the fact, affixed the seal impression of the said E in advance after having the said office entered “A” in the “E, “E,” and “A” on the gift document column using the computer on the gift document form.

Accordingly, for the purpose of uttering, the Defendant forged a gift certificate in the name of E, which is a private document on rights and obligations.

2. On May 26, 2017, the Defendant: (a) submitted the forged donation certificate to an employee in charge of the false seal of the name-based seal of approval, who was aware of the forgery in the territory of the office of the 394 branch of the Reinforcement-gun, Incheon, as the reinforcement of the Reinforcement-gun, Incheon, to the said employee; and (b) exercised it as if the document was a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Evidential materials, such as written withdrawal;

1. Investigation report (Submission of a certificate of all matters to be registered by a complainant), investigation report (to a witness J and telephone conversations);

1. Application of Acts and subordinate statutes to reply following a request for cooperation in investigation (the director of the cadastral office of reinforced military office);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim.

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