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(영문) 대구지방법원 김천지원 2019.09.19 2019고정224
사문서위조등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

When the Defendant died on June 30, 2019, the Defendant: (a) did not have been entrusted with the issuance of a certificate of the personal seal impression from B to move his/her affiliated share to his/her name; or (b) did not have consented to the issuance of a certificate of the personal seal impression by B; (c) did not arbitrarily prepare a proxy form for the issuance of a certificate

1. At around 10:00 on July 3, 2019, the Defendant forged the “B”, “E”, “E” in the resident registration number column, “F” in the column for delegation cause, and “long-distance inconvenience” in the letter of proxy for issuance of a certificate of personal seal impression kept in the said public service center for the purpose of obtaining the certificate of personal seal impression under B, and forged one letter of proxy for issuance of a certificate of personal seal impression, which is a private document on rights and obligations, for the purpose of exercising the Defendant’s seal affixed on B’s personal seal.

2. The Defendant submitted to G a public official in charge of issuing a certificate of seal imprint in the above-mentioned name B at the time and place mentioned in the preceding paragraph, and exercised the power to issue a certificate of seal imprint in the above-mentioned name.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A copy of a forged certificate of seal imprint;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (Submission of data, such as death diagnosis reports);

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

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

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 provides that “The share of a motor vehicle B in the sentencing reason for the provisional payment order was 1%, and there is a possibility of criticism among heirs that the said motor vehicle is owned by the defendant.”

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