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(영문) 전주지방법원 2016.07.01 2016고단367
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2, 2013, the Defendant, at the residence of the Defendant located in Yansan-gu, Jeonsan-si, had the intent to enter son and son without permission as a joint guarantor of the symptoms borrowed from C, the obligee, demanding the preparation of a loan certificate and the provision of personal security.

Since then, when preparing a loan certificate with the debtor "A (Defendant)" using the authorized color pen, the defendant stated "D resident number E and F resident number G" in the joint and several guarantors column as "D resident number E and, without the consent of son and son F, he forged a loan certificate in the name and name of D and F, and exercised it to the creditor C who is not aware of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. A complaint;

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

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (interpreting each private document forgery and interpreting each private document forgery);

1. Selection of imprisonment with prison labor chosen;

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The sentencing criteria do not apply to each of the crimes of forging each private document and each of the crimes of copying each of the above-mentioned documents, on the basis of the application of the sentencing criteria, respectively.

2. The defendant recognized the crime of this case in light of the favorable circumstances in which the sentence is to be sentenced, and the defendant is the first offender.

The crime of this case is a disadvantageous reason that the defendant borrowed money of KRW 125 million from C and forged a document of joint and several sureties by using his own son or F's seal impression, etc., which is his son's own child, and the liability for the crime is not minor.

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