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(영문) 서울북부지방법원 2016.07.21 2016고정118 (1)
사문서위조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around May 2010, the Defendant traded money with the victim B and did not change the transaction and did not change the transaction. The Defendant increased the remaining debt to KRW 25 million on July 2014.

When the Defendant received a demand for repayment of the remaining debt from the injured party, the Defendant submitted a joint and several guarantee certificate under his wife C to the injured party, and attempted to get out of the demand for repayment by extending the repayment period.

1. On July 16, 2014, the Defendant of a private document forgery: (a) under the title “B (E),” “B (F),” and “A (F) and “B” in the debt column, although he/she did not have been entrusted with the preparation of a certificate of joint and several sureties at his/her home of Seongbuk-gu Seoul Metropolitan Government D, 106 and 103; (b) around August 19, 2014; and (c) issued a certificate of joint and several sureties accompanied by a certificate of personal seal impression to verify that he/she will jointly and severally perform the obligation owed to A’s creditor B by August 19, 2014.

On July 16, 2014, “In one’s own Republic of Korea,” written “C (G)” in the guarantor column, and affixed C’s seal impression on the name side of C.

Accordingly, for the purpose of exercising, the defendant has forged a copy of the joint and several guarantee certificate under C related to rights and duties.

2. On July 16, 2014, the Defendant: (a) around July 16, 2014, sent a registration of the forged joint and several liability certificate to the victim’s Dong-house designated by the victim as if the document was duly formed; and (b) exercised the said certificate by allowing the victim to reach the time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made by the police against C;

1. Application of statutes on the certificate of joint guarantee;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. The Criminal Act to attract a workhouse;

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