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(영문) 서울중앙지방법원 2016.05.04 2015고정4532
사문서위조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 2013, the Defendant drafted a document in the E Union office located on the nineth floor of Geumcheon-gu Seoul Metropolitan Government D building, stating that “participating institutions’ desire to participate in the project and letter of investment in private contributions,” using a computer, and prepared the document in the name of the project as “community technology support project,” “F” in the title of the project, “F” in the column of the supervising institution, “F” in the column of the managing institution, and the task manager, and entered (g) I in the name of the agency in charge of the project, and J in the column of the participating institution, and was managed by the Defendant.

J’s official seal was affixed.

Accordingly, the defendant, for the purpose of exercising his right, forged a copy of the document under the name of the J, a corporate president.

2. On November 18, 2013, the Defendant, at the Seoul Industrial Promotion Agency Office located in Mapo-gu Seoul Metropolitan Government, issued a forged “written undertaking to participate in participating agencies and to contribute private contributions” to the Seoul Industrial Promotion Institute, which was aware of the forgery, as if they were duly constituted, and exercised the said document.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement made to K in the police statement;

1. Second police statements made to H:

1. A letter of undertaking;

1. Application of the Act and subordinate statutes confirming the date of submission of an investigation report (the submission of a letter of intent to participate in the participating institution and a letter of commitment to private contributions)

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 (the point of uttering of the above investigation document), and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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