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(영문) 인천지방법원 2015.07.17 2015고정7
절도등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 17, 2008, the Defendant: (a) committed theft with the victim D (name E after the opening of name) in Busan Island C; (b) a victim’s personal seal impression and a certificate of personal seal impression that had been kept in the Yellow Sea at his residence living together with the victim D (name E after the opening of name).

2. On January 6, 2009, the Defendant: (a) was urged to repay the obligation due to the failure to repay KRW 10 million borrowed from F at an unsound place; (b) on the letter of delegation entrusted with the authority to prepare a notarial deed on the said obligation, the Defendant stated that “D”, “B” in the name column of the delegating address, “D”, and “D” in the name column of the mandator’s name, respectively; and (c) affixed a seal of D which was stolen on the name of the delegating.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of D, a private document related to rights and obligations.

3. The Defendant at the same time and place as indicated in paragraph 2, delivered to the mandatary, who was delegated the authority to prepare a notarial deed without knowledge of the forgery, a forged power of attorney to H as if the document was duly formed.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes of notarial deeds No. 29 of 2009 to forged copies, certified copies of certificates of seal impression, and notary public's office;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, 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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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