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(영문) 대구지방법원 상주지원 2015.02.10 2014고단710
사문서위조등
Text

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

However, 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 borrowed 5 million won from B and paid 3 million won as interest to be used for 3 months, and the Defendant prepared a loan certificate in the Defendant’s mother C’s name and delivered it to B.

1. On October 6, 201, the Defendant forged private document: (a) stated that “The amount of KRW 8,00,000,000 shall be seized at the time when the promise was made on October 6, 201 as of the due date of the borrowing of the loan,” with a c’s seal located in Ansan-gun located in Gyeonggi-gun, G, and affixed it to his name.” (b) On October 6, 201, the Defendant affixed C’s seal located in Ansan-gun on the date of payment, December 28, 201, and then stamped C’s name.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the loan certificate in the name of C, which is a private document on rights and obligations.

2. The Defendant: (a) borrowed KRW 5 million from B, who was aware of the forgery, at the “FC” in the time and time of the use of the said investigation document; and (b) exercised the forged loan certificate as if it were duly established.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 2 years) (6 to forgery, alteration, etc. of private documents) [decision of sentence] [decision of sentence] Defendant’s age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence shall be imposed as ordered in consideration of the sentencing conditions stated in the arguments of this case, such as the following circumstances.

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