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(영문) 수원지방법원 안산지원 2016.01.06 2015고단2993
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to a suspended sentence of two years in one year and six months, and the judgment became final and conclusive on the 14th of the same month.

Criminal facts

1. On December 31, 2010, the Defendant forged private documents: A member of Ansan-si Office on December 31, 2010

C. In order to exercise authority under subparagraph 601, I, without authority, undertake to pay the amount of money not later than March 31, 201, on A4 paper, “the certificate of borrowing, the gold day, and the said amount”, written from creditors D, with no authority.

On December 31, 2010, after stating "F of the debtor E and joint guarantor E", he/she was in possession of the F in advance following his/her name.

F's seal has been stamped.

Accordingly, the Defendant forged a copy of the borrowed instrument in F’s name, a private document on rights and obligations.

2. The Defendant used the forged private document by delivering the forged loan certificate as if it were duly formed to G, a representative qualification of D, who was unaware of the forged fact at the time and place of Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the loan certificate;

1. Previous convictions: Inquiries of residents and the application of Acts and subordinate statutes, written inquiries about criminal history data;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document) and the choice of imprisonment for each crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant has led to the crime of this case in this court, the defendant should take into account the balance with the sentence to be sentenced in the case of being tried at the same time as the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc., which became final and conclusive as to the crime of this case, and the defendant has no same criminal record, except that

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