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(영문) 대구지방법원 영덕지원 2014.12.17 2014고단143
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 19, 2002, the Defendant lent 3 million won to C (n, 36 years of age) at an unsound place in the border of the North Korea on July 19, 2002, and agreed to receive 10% of the interest. After deducting 10% of the interest, C was granted a loan certificate with money borrowed from C, and received from C only the date of borrowing, the repayment date, the date of repayment, the date of transplantation, and the debtor’s personal information.

No person who intends to supplement a document with incomplete completion shall enter contents contrary to the intention of the nominal owner of the document or exceeding the scope of the authority conferred upon the document.

On December 2012, the Defendant, while keeping the same borrowed instrument, entered the period of repayment into “A. 19 August 19, 2002” as agreed with C in order to file a lawsuit seeking the payment of the borrowed money against the Buddhist Day C, and entered the period of repayment into “A. 19 August 2002” in “A. 19 August 2003” and “A. 3% per month” in the transplant part.

As a result, the Defendant forged a letter of loan in the name of C, which is a private document on rights and obligations, and exercised it by submitting one copy of the above loan certificate to a court employee who is unaware of the truth as if it were genuine, when applying for a payment order to C in the Daegu District Court in the territory of the Young-gun, Young-gu, Daegu District Court in the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Part concerning the statement C in the second police interrogation protocol against the defendant

1. Statement of the police statement regarding C;

1. C Complaints;

1. Application of Acts and subordinate statutes to a copy of a loan certificate and case proceedings;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act;

1. From among concurrent crimes, the crime of uttering of a falsified investigative document, which is heavier than the offense of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act;

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