A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

(Criminal Power) On July 19, 2018, the Defendant was sentenced to a suspension of the execution of six months to embezzlement by the District Court of Jung-gu on the 27th of the same month and the above judgment became final and conclusive on the 27th of the same month.

In order to provide E-owned real estate that was in de facto marital relationship with the Defendant as security without permission of E, and borrow 50 million won from D, the Defendant forged a power of attorney to issue a certificate of personal seal impression.

1. On November 10, 2014, the Defendant: (a) indicated “E”, “E”, “T, U”, and “V” in the name column of the mandator’s name in the S community service center’s civil petition office located in Guri-si, Gyeonggi-do, using a verification color pen; and (b) affixed the E seal affixed in advance on the name side of the E’s name.

Accordingly, for the purpose of exercising, the Defendant forged a letter of proxy for the certificate of seal imprint under E, a private document related to rights and obligations.

2. The Defendant, at the time and place specified in paragraph (1) of the aforesaid Article, was issued with a certificate of the personal seal impression issued under E from a public official who is unaware of the fact of forgery, and exercised the certificate as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A certificate of seal imprint, delegation certificate and written consent by legal representative;

1. Investigation report (to make an Eline statement of a witness);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of competition under the latter part of Article 37 of the Criminal Act), judgment, etc.;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the fact that the crime is not good in light of the motive and method of the crime for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act: Provided, That the same shall not apply;