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(영문) 춘천지방법원 원주지원 2016.12.05 2016고단453
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The defendant is a person living together with the victim C (the age of 56) from 2002 to 5, 2015 and was in de facto marital relationship.

1. On September 7, 2015, the Defendant forged private document documents: (a) on the paper of written request for deposits kept there at the Nongwon branch located in Seoul Special Metropolitan City, Nowon-gu, the Defendant entered “D”, “one hundred million won”, and “C” in the face amount column, and affixed the said C’s seal attached to the name.

Accordingly, for the purpose of uttering, the defendant forged a letter of deposit claim in the name of C, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph (1) above, exercised the forged request for deposit as if it were a document duly formed.

3. The defrauded presented a forged request for deposit at the date, time, and place mentioned in the above paragraph (1) and, as seen above, had the right to withdraw deposit as if he was delegated by C, and had C’s legitimate right to withdraw deposit in C’s deposit passbook, deceiving the above bearer of bank staff.

The Defendant received 110 million won as a check from the bank staff in the above name and received 10 million won as a check in cash.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The prosecutor’s statement concerning C;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions and written application for withdrawal;

1. Article 347 (1), Articles 231 and 234 of the Criminal Act applicable to the facts constituting an offense and Articles 347 (1), 231 and 234 of the Criminal Act:

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;

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