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(영문) 대구지방법원 김천지원 2018.08.23 2018고단179
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant drafted a loan guarantee agreement in the name of C in total five times from that time to September 6, 2016, stating that “C”, “D” in the column of guarantor’s name of “C”, “D” in the city column, and “C” in the column of guarantor’s name of the “B apartment 106 and 1407” of the safe loan of a stock company, using a black-type pen. In addition, the Defendant drafted a loan guarantee agreement in the name of C in the same manner five times from that time as shown in the list of crimes in the attached Table.

Accordingly, for the purpose of uttering, the Defendant forged five copies of the loan guarantee contract in the name of C, a private document on rights and obligations.

2. The Defendant, at the above time and at the same place, sent a forged loan guarantee agreement by mail as if the contract was duly concluded, and exercised the forged loan guarantee agreement by the same method five times from around that time to September 6, 2016, as described in the attached crime list, in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of a detailed statement of account transactions), investigation reports (to hear statements by telephone from a lender for the reasons for concluding a guarantee agreement in the name of the victim);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (Counterfeit of each private document), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area (six months to two years), such as the forgery, alteration, etc. of private documents within the scope of recommendations for the sentencing criteria;

2. The fact that the decision of sentence is seriously against the defendant's sentence, the fact that C, the name of the document revealed by the defendant, does not bear the actual guarantee obligation, the first crime, and other matters.

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