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(영문) 대구지방법원 김천지원 2013.06.12 2013고단144
사문서위조등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 26, 2009, the Defendant received a demand from D’s E office located in the Gumi-si (U.S.) to have a guarantor for the credit payment during the period from D’s liquor supply to the Defendant, and made as if D had been delegated by F in the absence of any delegation from the Defendant and F in a private money relationship, and issued all of the above documents to D’s name, stating that D in fact would have remaining 30,619,000 won of credit payment, stating that D would have continued a transaction in the F’s name; “B” of “Agreement” stating the purport that the creditor would act on behalf of the debtor in the debtor’s property relation relation; “A” of “a letter of delegation” stating that the creditor stated “F” as “the column of “the debtor’s certificate of credit payment,” 30,619,000 won interest, repayment date, etc.; and then, the Defendant made D’s name and affixed his seal to F’s name in advance.

Accordingly, for the purpose of uttering, the Defendant forged a balance certificate, a transaction agreement, a power of attorney, and a letter of loan in F, which are private documents related to rights and obligations, and exercised it en bloc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each part of the protocol of examination of the accused by the prosecution against the accused (including the F and D statements);

1. Each part of the statement of the police interrogation protocol against the accused (including the F statement section);

1. Each police statement made to F and D;

1. A president of the F;

1. Copy of the examination record of witness;

1. Application of Acts and subordinate statutes on forged documents;

1. Articles 231, 34 (1), and 31 (1) of the Criminal Act (the occupation of aiding and abetting private documents) and Articles 234 and 231 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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