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(영문) 인천지방법원 2014.08.12 2014고정1770
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 2013, the Defendant: (a) stated that “40,000,000 won” and “2,00,000 won interest on December 14, 2007 and December 5, 2007 (2,00,000 won) shall be borrowed from the lender’s own residence in the Nam-gu Incheon Special Metropolitan City, Seoul Special Metropolitan City (C204) with a blank and an French pen; and (b) written D’s signature in the borrower’s column, and affixed D’s seal on the next page.

Accordingly, the Defendant forged a copy of the loan certificate, which is a private document on the rights and obligations of the D name, for the purpose of exercising without authority.

2. On October 8, 2013, the Defendant: (a) filed a lawsuit seeking the return of loan against D with the Seoul Southern-dong Incheon District Court of Law-based 278-2, Nam-dong, Incheon; and (b) exercised the certificate of loan borrowed in the name of D, which was received and submitted to the public service center employees of the above court, who may know that the forged loan certificate was actually prepared as a document.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of the loan certificate and the statute of complaint;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of a fine for a crime, the choice of a punishment, and the choice of a fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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