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(영문) 대구지방법원 2016.10.14 2016고정1156
사문서위조등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

1. On September 24, 2013, the Defendant: (a) filed a complaint with the Defendant’s office located in Daegu Northern-gu Seoul Northern-gu on the charge of embezzlement of D; (b) stated the notice attached on the bulletin board of the (State)F Office in E using the computer to re-written evidence; (c) stated the closing notice of the accounts of 2012 (FF Office: 1/13 December 1/13, 2012) among the expenditure amount executed by the president of the association, “transport expenses, official travel expenses, confidential advertising expenses, activity expenses, organization expenses, and business promotion expenses” in the expenditure amount executed by the president of the association, “transport expenses, official travel expenses, transportation expenses, transportation expenses, official sale expenses, confidential expenses, activity expenses,” and then printed out the “vehicle maintenance expenses,” and (d) written and printed the contents subsequent to that.

Accordingly, for the purpose of exercising a certificate of fact, the Defendant forged a written public notice in the name of D.

2. On September 24, 2013, around December 24, 2013, around February 14, 2014, the Defendant: (a) submitted a forged public notice to the staff of the west-gu District Public Prosecutor’s Office’s civil petition office having knowledge of the forgery, and exercised it as if it were genuine.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to each complaint and a copy of the result of the disposition, a written public notice, a written public notice, a written public notice, a photograph of photography [the defendant denies the intent of the Article on private documents, but considering the contents of the forged public notice recognized by the evidence, the circumstances and purpose of forging the public notice, and the fact that the forged public notice was submitted repeatedly in the course of filing a complaint or accusation]

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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