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(영문) 서울중앙지방법원 2020.01.29 2019고합437
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Forgery of private documents and the display of private documents;

A. The Defendant, in whose name the father B died on February 13, 2015, was willing to withdraw B’s deposit before filing a death report with respect to B.

Therefore, on March 9, 2015, the Defendant entered “C” and “B” in the column of the deposit account holder in the column of the account number column using a non-written form on the part of an enterprise bank 2, which is located at a point of 81 in Seongdong-gu Seoul, Seongdong-gu, and affixed B’s seal thereto.

Accordingly, for the purpose of exercising authority, the Defendant arbitrarily prepared a copy of “Stop money” in the name of “Stop”, which is a private document concerning rights and obligations, and forged it, and immediately presented it to a bank employee who is not aware of the above fact at that place and exercised it.

B. The mother of the DNA document Defendant was unable to make a normal decision due to dementia from around 2013.

Around February 2016, the Defendant, at the home of Gangnam-gu Seoul, drafted a written agreement on the division of inherited property under the name of co-inheritors due to the death of B at the home of Gangnam-gu, and arbitrarily sealed D’s seal on the “D” column on the name adjacent to the printed name.

Accordingly, the Defendant arbitrarily prepared a written agreement on the division of inherited property, which is a private document on the rights and obligations of D without authority for the purpose of exercising such rights and obligations as above, and presented it to G certified judicial scrivener office located in the Seocho-gu Seoul Metropolitan Government F building at that time to G certified judicial scrivener office.

2. The defendant, like the above 1-A of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), is a company bank in which the name of the victim is unknown, as the defendant tried to withdraw the deposit in lieu of B, by arbitrarily preparing and presenting the monetary list in the name of B even though B had already died.

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