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(영문) 서울북부지방법원 2018.08.24 2017고합429
사문서위조등
Text

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

Reasons

Criminal facts

From May 2002 to May 201, 2016, the Defendant is a victim C religious organization D church located in Dongdaemun-gu Seoul Metropolitan Government, and was engaged in overall management of the operation and property of the above church.

The Defendant forged the “written resolution of the church” as if he obtained the consent of the head of the church in order to repay the loan debts to financial institutions and the members, and provided real estate owned by the victim church as security in the mind of the Defendant, and received money.

1. On November 4, 2012, the Defendant prepared and printed documents and affixed the seal of the members of the church who were in advance of the name of F, G, and H, the head of the church in obtaining a loan of KRW 1.530 million by providing the church land and buildings as collateral to the E-Myeon and Dong branch by means of computers for the purpose of obtaining a loan of KRW 1.53 million, with the aim of using the most fraudulent procedure, such as lawful consent within the church with respect to the secured loan using the real estate owned by the victim’s church in the above D church.

Accordingly, for the purpose of uttering, the Defendant forged the “written resolution of the political party” under the name of F, G, and H, which is a private document related to rights and obligations.

2. On November 12, 2012, the Defendant filed an application for a loan of real estate owned by the victim church at the E-Myeon branch located in Jung-gu Seoul Metropolitan Government I as collateral, and filed an application for the loan with the employee in charge of the loan who is aware of the forgery, and exercised the forged “written resolution of the church” as above.

3. The Defendant stated in the written indictment and written indictment amendment of indictment on November 12, 2012 as “the December 12, 2012.” However, according to the entire certificate of the registered matters (D church), appraisal statement, and investigation report (Submission of the account transaction report) the Defendant appears to be a clerical error in the written indictment, and the Defendant’s right to defend himself.

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