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(영문) 서울북부지방법원 2014.04.28 2014고정857
사문서위조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is C's children as the representative director of corporation B.

around July 2012, the Defendant was to operate D and the above company as a partnership business, and was invested in KRW 287,200,000 from D.

On July 2013, the Defendant was demanded to return the investment money from D, prepared a notarial deed of money loan contract with D, and had the Defendant enter the Defendant as a joint guarantor at D’s request, in order to write C as a joint guarantor, the father of the Defendant prepared a false proxy letter as if he was delegated to issue a certificate of seal imprint, and had the Defendant issued a certificate of seal imprint.

1. On July 18, 2013, the Defendant forged a private document, stating “A”, “E”, “E”, “Seoul Dongdaemun-gu in the resident registration number column, and “Submission of Documents” in the column for the purpose of use as if he/she was delegated with the authority to obtain the certificate of the seal imprint without authority for the purpose of exercising the authority, even though he/she did not have been delegated by the Dongdaemun-gu Seoul Metropolitan Government Heading 2 Community Self-Governing Center, Dongdaemun-gu, Seoul, the Defendant arbitrarily sealed a copy of the power of attorney in C’s name, stating “C” and “G” in the delegating column, and affixed a seal prepared in advance after the delegating’s name.

2. The Defendant had presented a forged letter of delegation at the same date, time, and place as referred to in paragraph (1) to the public official in charge of the 2nd residents' self-governing center, who did not know that the forgery was made, thereby uttering the falsified private document.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of a certificate of seal imprint, or a copy;

1. Relevant Article of the Criminal Act and Article 231 of the Criminal Act that provides for the choice of punishment (the fact that Article 231 of the Private Document and the Selection of Fines), Articles 234 and 231 of the Criminal Act (the point that the private document is exercised, the choice of fines).

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