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(영문) 부산지방법원 2015.12.02 2015고정3569
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 31, 2014, the Defendant: (a) around March 31, 2014, entered into an insurance contract of “D” philosophical hall operated by C in Busan, a contracting party; and (b) as the insured of “D without the signature of E”, he/she was unable to enter into a contract because he/she did not receive the signature of E while soliciting the insurance contract of “D” operated by C in Busan, the Defendant believeded the document under his/her name to enter into a contract by forging

The Defendant written his/her name in the “insurance subscription form,” “written confirmation of the obligation to know prior to the contract,” “personal information processing written consent for the conclusion, implementation, etc. of the contract,” and “personal information processing written consent for the introduction, etc. of goods,” at each insured’s own signature column, and signed it next to that.

Accordingly, for the purpose of uttering, the Defendant forged four copies of documents in the name of E, a private document on rights and obligations.

2. On March 31, 2014, the Defendant at the G insurance agency’s office located in the second floor of the F building in Yangyang-si, Yangyang-si, Yangyang-si, the Defendant sent four copies of the forged document to an employee who is unaware of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement of E;

1. Application of the statutes to the certified copy of the insurance policy, Samsung Fire Response (Duplicate), each record, output of text, content of response to a civil petition, and the copy of the health insurance NEWP application;

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

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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