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(영문) 울산지방법원 2018.04.09 2017고정251
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to a suspended sentence of two years for fraud at the Ulsan District Court on August 24, 201, and the said judgment became final and conclusive on December 2, 2011.

The defendant was aware that he was working in E (n.e., 43 years of age) and in G located in Ulsan-gu F, Nam-gu.

1. On December 2010, the Defendant forged a copy of a loan certificate in a manner of entering “J, telephone number, resident number: K,” written by borrowing KRW 30,000,000 to I using the name of H prior to the name of E at a closed place.

2. The Defendant, at the above time and place, issued a forged loan certificate to I who knew of the forgery at the above time and at the above place, and exercised it as if it had been duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of E and I in the third public trial records (a statement of E in which the name, telephone number, etc. of E and I has not been permitted to be stated in the loan certificate with B as a creditor is consistent with the statement, and is believed in accordance with circumstances);

1. Statement made on L in the fourth public trial protocol;

1. The loan certificate;

1. Previous convictions in judgment: Application of text of judgment and Acts and subordinate statutes making inquiries about criminal history;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The sentencing of Article 62(1) of the Act on the Suspension of Execution falls under the single concurrent crimes after Article 37 of the Criminal Act; the defendant is subject to bankruptcy and immunity in the Ulsan District Court; and the defendant's criminal intent is weak (the defendant is jointly and severally surety on the loan certificate in this case based on E's consent on the joint and several guarantee of L's obligation).

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