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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 1955]

1. On March 2014, the Defendant: (a) prepared a letter of loan stating that “I shall borrow money from D in order to borrow money from Defendant’s office located in the Namyang-si, Namyang-si; (b) signed and sealed the E seal prepared in advance to obtain money from D; and (c) signed and sealed the E seal prepared in accordance with the name.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in the name of E, a private document on rights and obligations.

2. On March 2014, the Defendant: (a) issued a forged loan certificate at D’s house located in Gangdong-gu Seoul Police Officer F in Gangdong-gu, Seoul; and (b) exercised the said certificate as if it was genuine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a loan certificate or written answer;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act (the point of Article 23 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document) and the choice of imprisonment with prison labor as to the facts of the crime;

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. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of recommendation] [the grounds for sentencing under Article 62(1)(the scope of recommendation] of the basic area (6 to 2 years), such as fabrication, alteration, etc. of private document forgery [the person who is subject to special sentencing] [the decision] of the defendant is not easy to impose a charge of forging and using a loan certificate in the name of his/her father in order to borrow money from D.

However, the defendant recognized his mistake and reflected his mistake.

It seems that the defendant committed such crime by the recommendation of G, which is the wife of D, the creditor of the defendant.

Until now, only two times of fine has been punished.

In this context, the sentencing guidelines shall be determined by taking into account various sentencing conditions, such as the defendant's age, motive, means and result of the crime, and circumstances after the crime.

Parts of innocence

1. Determination as to the fraud of 2016 high group 254

A. The gist of this part of the facts charged is as follows.