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(영문) 부산지방법원 2017.03.16 2016고단7448
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 1, 2011 to March 28, 2016, the Defendant was in an internal relationship D in Busan Seo-gu from February 1, 201 to March 2016.

A person who operated F in the name of E, a person who operated F in the name of E, was unable to use the above E in borrowing money in the name of E.

1. On April 11, 2012, the Defendant forged a private document: (a) at the foregoing F Office, on the part of the Plaintiff, H, delegated by G, the obligee, for the purpose of uttering, borrowed the said amount from the computer to July 11, 2012, with the content of “F E” (i.e., a cash loan certificate, KRW KRW 3,000,000; and (b) from April 12, 2012 to July 11, 2012; and (c) on the cash loan certificate form, the Defendant arbitrarily stampeded the seal of “F E”, which was kept in advance following the name of E.

In addition, the Defendant forged the cash loan certificate in the name of E, which is a private document on rights and obligations, over 22 occasions, as shown in the list of offenses, for the purpose of exercising from around that time to September 2, 2015.

2. The Defendant at the time, place, and without the consent of E, delivered the forged cash loan certificate to H as if it were duly formed.

In addition, from around that time to September 2, 2015, the Defendant delivered a forged private document under the name of E to H, such as the list of crimes in attached Form 22 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of Acts and subordinate statutes on a certificate of borrowing cash or a certificate of borrowing;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. One type of crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations], such as forgery, alteration, etc. of private documents.

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