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(영문) 서울동부지방법원 2014.10.14 2014고정814
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who holds office as a managing director at the E Association located in the Seoul Jung-gu Seoul Metropolitan Government D (hereinafter “E Association”).

On March 31, 2009, the Defendant: (a) took out a loan from KTF Capital Co., Ltd. (hereinafter “KTF Capital”); and (b) provided the above CTFT to E Association with a loan from KTFTF (hereinafter “KTF”); and (c) paid KRW 6,227,507 to E Association with the fee for the use of the said CTT, E; (d) on condition that the contract with the E Association is terminated and the sale of the said CTTT is suspended, and (e) transferred a yacht to KTFE on November 17, 2010; and (e) at the time, the Defendant de facto demanded a guarantee of service against the loan from the KTFTF; and (e) forged the KTFTTTTTT’s representative director’s name (hereinafter “FF”) and exercised the guarantee right under the name of GTF (hereinafter “MFF”).

Accordingly, around November 17, 2010, the Defendant stated “G and H” in the column of the joint and several surety for the site of the KTF Capital’s probation guarantee in Samsung-dong, Gangnam-gu, Seoul, without authority, for the purpose of exercising, and affixed a seal on another person’s personal name which could not be known at his/her discretion, which was removed from the name of the joint and several surety.

As a result, the Defendant forged a letter of continuing guarantee in the name of G, a private document on rights and obligations.

2. At the time and place specified in paragraph (1), the Defendant submitted the forged collateral guarantee certificate to I as if it was a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (includingG statements);

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

1. Relevant Article 231 of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document) for criminal facts, the Criminal Act;

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