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(영문) 인천지방법원 부천지원 2017.01.20 2015고단3332
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

In light of the legal principles as seen earlier, the lower court did not err by misapprehending the legal principles as to KRW 25 million, and did not err by misapprehending the legal principles as to “a loan certificate,” “a loan certificate,” “a loan certificate,” and “I E” on January 15, 2010, without obtaining permission from J to prepare a loan certificate with respect to the Defendant’s obligation of KRW 25 million.

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

B. On June 30, 2010, the Defendant forged a loan certificate in the name of F on June 30, 2010, the Defendant is “F” from the F’s house located in Kimpo-si P on June 30, 2010 to F in the amount remaining after having transacted with J 30 million won.

In order to arrange this, there is a difference in the guarantee for KRW 30 million. This money, after being given a false statement, had F, who believed this false statement, enter the loan certificate in which the amount of loan is a blank space, as “F resident number HH Kimpo-si Q building *** ***.”

Then, the Defendant forged a copy of the F’s loan certificate in the name of F, which is a private document on rights and obligations, with the intention to exercise “Won 420,000,000” in the column of the borrowed amount of the loan certificate stating the F’s signature, etc. as above.

Summary of Evidence

[2015 Highest 332]

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Complaint;

1. A written withdrawal of complaint;

1. Payment Forms ( May 2009)

1. The loan certificate (the person on May 5, 2009);

1. Each loan certificate (the person on June 9, 2009);

1. Promissory Notes (No. 15, 2009) (No. 3533)

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of the witness J and K;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement concerning J, K,O, and R;

1. Details of arranging A entry and withdrawals;

1. A certificate of custody of forged cash or a certificate of borrowing;

1. Complaint;

1. A certificate of borrowing ( dated 30, 2010).

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