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(영문) 서울서부지방법원 2018.07.26 2018고정333
사문서위조등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

1. On November 30, 2017, the Defendant forged private documents: (a) on the paper of “application for permission to use facilities” kept in the Mapo-gu Seoul Mapo-gu World Cup 212, the Defendant: (b) made use of a black pen to the name of the user organization in the name of “B union”; (c) “C”; (d) “D”; (d) “N party to the facility column; (e) by December 1, 2017; and (b) by December 14 through 18, 2017 in the temporary space; (c) “180 to 200 won”; and (d) on the column of the purpose of use, signature in the column of “180 to 200 won”; and (e) on the column of the usage fee, “30,000 won”; and (e) on the column of air conditioners and heating, i.e., “the name of the applicant” on September 29, 2017.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of application for permission to use facilities in the name of D, a private document related to rights and obligations.

2. The Defendant, at the time and place specified in paragraph 1, submitted the application form for permission to use forged facilities to the general secretary and the employee of Mapo-gu Office, who could not know that the forgery was committed, as described in paragraph 1, and exercised the same as if the application form was duly formed.

Summary of Evidence

1. Partial statement of the defendant (the purport that he/she has prepared and exercised the written application in the name of D as stated in the facts constituting the crime);

1. Application of Acts and subordinate statutes to use forged facilities;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 231 of the Criminal Act (the point of Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation documents), and the selection of fines;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment determined for the crime of conspiracy of the relevant investigation documents, heavier than the quality of the crime);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The provisional payment order: Judgment on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's act of forging a private document, such as the defendant's assertion of a legitimate act.

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