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(영문) 서울북부지방법원 2016.11.23 2016고정1497
사문서위조등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 21, 2014, the Defendant: (a) borrowed money from D having a relationship with C, and (b) borrowed money from D, who was demanded to provide a loan certificate, etc. to E; (c) was willing to prepare a certificate of loan under the name of E; and (d) requested the Defendant to prepare and request the certificate of loan under the name of E; and (c) the Defendant accepted the certificate.

1. Around January 5, 2013, the Defendant forged a private document: D, E, borrowed amount of money borrowed (one hundred million won), from the Defendant’s office located in Dongdaemun-gu Seoul Metropolitan Government to A4, using a certified pen in the form of A4.

1.ensure that a creditor (D)’s account of 100 million won in our investment securities is principal;

2. 30% out of the earnings of at least 100 million won per month shall be paid to E;

3.To settle profits on the 25th day of each month and transfer them to E-Investment Securities (G);

The debtor: ‘E', and ‘C arbitrarily affixed the seal of E' on the name next to the above E'.

Accordingly, the Defendant, in collusion with C, forged E’s certificate of borrowing of rights and obligations.

2. On January 2013, the event of the above investigation document C delivered to D, who was aware of the above forgery at an unsound place, a certificate of borrowed money in the name of E, as above, was duly formed.

Accordingly, the Defendant conspired with C to exercise the borrowed certificate in E name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The first written statement made to E by the police;

1. A complaint;

1. An appraisal report and an appraisal report;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 231 of the Criminal Act, Articles 230 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and Articles 231 and 30 of the Criminal Act, the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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