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(영문) 수원지방법원 성남지원 2013.06.20 2013고단399
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 2009, the Defendant was the vice-chairperson of the Management Committee of the D Management Body (hereinafter referred to as the “Management Body”) that received “Delegation and written consent” to attract large distributors from the above sectional owners in the Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City.

The Defendant, as a sectional owner of the above 11 and B12, forged the “Delegation and written consent” under the name of the Defendant, the two-way owner and the two-way owner of the above 11 and B12, and was willing to submit it to the said management body.

On June 3, 2009, the Defendant, despite having not been delegated with the authority to make a “Delegation and written consent” by E at the above “C” commercial office, entered “B 11 and B 12,” “B 4 June 2009” in the “Delegation and written consent” column, “E” in the date of preparation, and issued one copy of the “Delegation and written consent” in the “Delegation and written consent” column to F, who is a staff member of the said management body, who is aware of the forgery.

Accordingly, for the purpose of uttering, the defendant has forged and exercised a letter of delegation and consent under the name of E, a private document related to rights and obligations.

Summary of Evidence

1. Each legal statement corresponding thereto by a witness F, G and H;

1. Each statement of F, G, and H in the second police examination protocol against the accused;

1. The prosecutor's statement concerning the F;

1. To enter and present a copy of delegation and written consent (No. 3 of the evidence list);

1. Application of Acts and subordinate statutes to investigation reports (E currency);

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [The reason for sentencing [the decision of a sentence] / 6 months of imprisonment / 2 years of imprisonment / 2 years of imprisonment / 8 months of imprisonment ] the defendant is not against the defendant, and E is punished until the defendant is punished.

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