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(영문) 제주지방법원 2014.05.09 2014고단213
사문서위조등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is located in the support center in Seocho-si and Jeju-si D.

In relation to the construction of new houses for the household, while the company did not pay KRW 33 million out of the construction cost of the steel materials supplied by the FFF of the E operation, the above company was required to establish a guarantor for the obligation to pay the unpaid amount of KRW 33 million in order to continue to be supplied with the steel materials, and the indictment was made at the Jeju G and the second floor office of the defendant on June 8, 2012, but the indictment was made at the FF office in Jeju, but it seems to be an error.

(No. 42 pages of investigation record) When preparing a certificate of borrowed amount of KRW 33 million with H, in which no consent was obtained from H, H used the certificate of borrowed amount of KRW 33,00,000 as a surety: H: H; H; “resident number: J; Address : K at Jeju-si; and H’s seal held in advance on its name after each of the following descriptions: H, without authority, for the purpose of exercising its authority, forged a certificate of borrowed amount of money as a surety; and thereafter, H used it by submitting the certificate of borrowed amount of money as above to FF Co., Ltd., which is aware of the forgery at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a certificate of borrowing;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Articles 231, 234, and 231 of the Criminal Act; Selection of imprisonment with prison labor;

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

1. Suspension of execution: The scope of the recommended sentence on the grounds of sentencing guidelines for the sentencing (the sentencing conditions under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing) under Article 62(1) of the Criminal Act (the sentencing conditions under Article 51 of the Criminal Act), and the scope of the sentence (the basic area, including the fabrication, alteration, etc. of private documents, the basic area, the period of six months - 2 years), as set forth in the disposition, considering all the following circumstances. The favorable circumstances are recognized

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