logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.02.03 2015고정1301
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 27, 2011, the Defendant borrowed KRW 50 million from B in terms of expenses for clothing distribution business, but was unable to repay it. On November 15, 2014, the Defendant received a loan certificate and a certificate of seal impression from B with the intent to secure the above KRW 50 million from B as a joint guarantor with the intent to secure the Defendant’s mother-friendly C, and had the intent to arbitrarily prepare and deliver the loan certificate without obtaining C’s permission.

1. On November 15, 2014, the Defendant: (a) stated the following in the column of the letter of loan written by a computer flick with the deflick pen in the distribution warehouse located in Gwangju-si, Gwangju-si with the left hand; (b) stated “0 million won, 50,000,000; (c)” in the column of the method of payment as “one million won shall be paid to the creditor B on December 15, 2014; and (d) stated in the debtor column as “C and Gyeonggi-do E36-201, and F”.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a loan certificate in the name of C, which is a private document on rights and obligations.

2. The Defendant, at the parking lot located in Gwangju-si, Gwangju-si, at the time and time indicated in paragraph (1), delivered a forged loan certificate to B as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234, 231 of the Criminal Act (the point of exercising the aforementioned investigation document) and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow