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(영문) 춘천지방법원 강릉지원 2016.08.05 2016고단861
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Before the latter part of Article 37 of the Criminal Act] The Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to the charge of forging private documents in the early branch of the Chuncheon District Court on July 22, 2015, and the judgment became final and conclusive on July 30, 2015.

[Criminal facts]

1. On April 15, 2015, the Defendant forged a private document: (a) under the title, “C”, “D”, “E”, and “E” in the contractual column, using a computer at a branch office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government’s name; (b) the Defendant paid and received money at the time of the contract; and (c) the Defendant was possessed in advance on the name of the said C. After preparing and printing it.

C's painting has been stamped, and the seal has been stamped on the E's own fingers next to the name of E.

The Defendant forged one copy of the real estate transaction agreement in the name of C, D, and E, a private document on rights and obligations for the purpose of exercising such rights and obligations as above.

2. On May 17, 2015, the Defendant exercised the said investigation document by presenting it to G who was aware of the forgery of the said contract, which was found in order to urge him to pay one copy of the forged real estate transaction contract, as in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint;

1. A real estate sale contract;

1. Investigation report (grounds for not attaching a statement protocol, such as C, D, etc.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, case search and judgment;

1. An occupation of the same Article of each private document as indicated in the relevant provisions of the Criminal Act concerning facts constituting an offense: The occupation of exercising each of the above-mentioned documents as indicated in Article 231 of the Criminal Act: Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code for the ordinary concurrence and the choice of punishment (the two crimes of forging each private document as indicated in the holding, and between the crimes of forging each private document as indicated in the holding, and between the crimes of copying each of the above investigation document as stated in the holding, and each of the crimes of forging each private document as stated in the judgment against E with the most severe punishment, and the punishment imposed on the crimes of forging each of the above investigation document as stated in the judgment against E,

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