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(영문) 수원지방법원 2018.11.14 2018고단5377
공문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2018, the Defendant forged public document: (a) at the Defendant’s house located in the Nam-gu Incheon Metropolitan City House B Housing C, a notice of compulsory execution against the name of the building; (b) “2018” in the column of document image using a computer program using the Korean language program; (c) “delivery of real estate” in the name of the case; (d) “A” in the creditor column; and (c) “D” in the debtor column; and (d) the above party applied for compulsory execution against the obligor by the Suwon District Court Decision 2018No. 3645 (Ruling); and (d) the said party voluntarily applied for compulsory execution against the obligee by July 22, 2018.

If a voluntary performance is not made by the above date, it shall be enforced without a prior notice, and the debtor shall bear the cost.

“On July 5, 2018,” written at the lower end, “The Suwon District Court Execution Office”, and “Executioner E” respectively, and attached the official seal of the execution officer of the Suwon District Court, which was made using the online painting program, on the image of the said document, and printed it.

Accordingly, for the purpose of uttering, the Defendant forged the title of building E in the name of the Suwon District Court enforcement officer E in the name of the official document.

2. On July 5, 2018, the Defendant exercised a forged official document by attaching the pre-announcement of compulsory execution to the above entrance, as if it were a document duly formed, prior to the completion of the compulsory execution, as described in paragraph (1), prior to the G G door-gu Seoul Special Metropolitan City Execution Officer E, Suwon District Court’s execution officer’s name, as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to forged documents, original documents, CCTV image data, certified copy of F apartment G register, and copy of an application for an order to deliver real estate;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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 62 of the Criminal Act:

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