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(영문) 전주지방법원 군산지원 2019.08.07 2019고단611
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 2, 2018, the Defendant was sentenced to a suspended sentence of 2 years for criminal fraud in the Jeonju District Court’s Gunsan Branch, and the judgment became final and conclusive on the 10th day of the same month.

【Criminal Facts】

1. On August 13, 2015, the Defendant forged private document: (a) entered the subscription form for insurance (name of goods: D) by means of a computer in the following mountainous districts located in the following mountainous districts located in the following city B; (b) printed out as “contractor E and resident registration number”; (c) entered as “F,” and signed as “E” in the contractor’s signature column with a black pen, and signed as “E”.

As a result, the Defendant, for the purpose of uttering, forged a letter of subscription for an insurance contract under the name of E, which is a private document on rights and obligations, and forged four copies of the written subscription for an insurance contract under the name of E from the above date to February 28, 2017, for the purpose of exercising four times in total as shown in the attached list of crimes.

2. The Defendant, at the time and place specified in the foregoing paragraph (1), exercised four copies of the subscription for an insurance contract under the name of E, which was forged four times from the above date to February 28, 2017, as shown in the list of crimes, by delivering and using the falsified subscription form as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint - Payment and termination of insurance premiums, details of transactions by Korean banks, details of transactions by credit cooperatives, and details of insurance financing;

1. Subscription forms for insurance contracts, etc.;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (Attachment of judgment) - Application of statutes governing judgment;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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