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(영문) 서울서부지방법원 2015.02.13 2014고단1515
사문서위조등
Text

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

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

Reasons

Punishment of the crime

The Defendant, with the trade name of “D” at Mapo-gu Seoul Metropolitan Government stores, supplied rice to “F” restaurants operated by E.

1. On October 30, 2009, the Defendant forged a receipt in the name of G, a private document with respect to rights and obligations by stating “35,605,000 of the outstanding amount,” without authority, for the purpose of exercising a receipt stating the rice and supply price supplied by the Defendant after supplying rice to E in the above D, and signing a signature of G, an employee.

On April 24, 2013, the Defendant continued to submit a forged receipt to E in civil cases with the Seoul Western District Court located in Mapo-gu Seoul District Court, Mapo-gu, Seoul, and submitted it to E and exercised it.

2. The Defendant attempted to commit fraud, around April 24, 2013, filed a lawsuit against the victim E in the Seoul Western District Court in Mapo-gu Seoul District Court’s civil case where Mapo-gu Seoul District Court: (a) submitted a forged receipt as described in the preceding paragraph as if it was genuinely prepared; (b) deceiving the court; (c) obtained a favorable judgment from the said court in favor of the said court, thereby deceiving the victim of KRW 20,60,00 from the victim; (d) but (e) did not result in an attempted crime.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes on the details of filing of a complaint, receipts, employees (G) benefit account books, written appraisal, and monthly payment of G;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, the choice of imprisonment for the crime

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

1. Article 62 (1) of the Criminal Act (including the first offender, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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