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(영문) 대구지방법원 경주지원 2017.01.19 2016고단692
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to borrow money from the Defendant, the Defendant had expressed a mind to forge the documents as if C was a de facto spouse who was a public official for racing viewing.

1. On July 2013, the Defendant forged a private document: (a) prepared a 300 million won loan certificate with the borrower using a computer in D 601, which is living with D D located in the racing-si; (b) recorded “C” in the guarantor’s address column; and (c) printed it out “D 601 at the time of racing” in the guarantor’s address column; and (d) affixed the name and seal impression of C on his/her own.

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

2. On July 30, 2013, the Defendant: (a) borrowed KRW 300 million from the above B at the adjoining land; and (b) delivered a forged loan certificate to B as if it were genuinely prepared, as described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, loan certificates, and each investigation report (B telephone conversations, hearing of statements by reference B telephone, hearing of complaints and hearing of statements by the complainant and reference witness);

1. Relevant legal provisions concerning facts constituting an offense and Articles 231 and 234 of the Criminal Act that choose a penalty;

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. Article 62 (1) of the Criminal Act on the stay of execution ( Various extenuating circumstances, such as the fact that the criminal defendant is pening his/her mistake, that the criminal defendant has agreed smoothly with the victim, and that the criminal defendant has no special record of committing a crime);

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