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(영문) 춘천지방법원 원주지원 2015.05.21 2015고정187
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

In light of the above legal principles, the Defendant’s assertion that the Defendant was liable to compensate for the damages incurred to the Defendant, and the Defendant did not obtain the husband’s consent, and did not obtain the Plaintiff’s consent to the Defendant’s joint and several liability contract.

1. On August 23, 2012, the Defendant forged private documents: (a) on the paper of the loan certificate, the name of the address of the joint and several surety and the name of the joint and several surety, and the name of C in the resident registration number column of the joint and several surety, using the verification color pen on the paper of the loan certificate within the Bratok page No. 109 of the D apartment shopping building 1, 100, 201, the Defendant written “C”, “E”, ****** on the name following the entry of “C”.

Accordingly, for the purpose of exercising, the Defendant forged a letter of loan in the name of C, which is a private document on rights and obligations.

2. The Defendant, at the time and at a place specified in Paragraph 1, exercised a false loan certificate as if it were a document duly formed, with the knowledge of the forgery.

(B) The Defendant asserts that, at the request of B, the Defendant was aware of the forgery of the loan certificate, since B entered the personal information of C, the husband, before the female, in the loan certificate. However, as at the time, the Defendant and C were married, there is a high possibility that the Defendant was believed to have obtained prior consent from C on the guarantee of the loan deposit, and if C did not have prior consent from C, the Defendant cannot seek the performance of the guarantee obligation against C with the loan certificate stating the borrower as the surety. Therefore, the Defendant did not know of the forgery of the loan certificate. Accordingly, the Defendant’s assertion on this part is rejected)

1. Partial statement of the defendant;

1. Each police statement concerning B and C;

1. A certificate of borrowing;

1. Application for payment order, and application of statutes governing judgment;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the selection of fines for each crime;

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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