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(영문) 서울중앙지방법원 2014.01.17 2013고정6659
사문서위조등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant had the custody of the victim B's seal impression and the certificate of seal impression in order to meet the loss caused by the failure to invest in stocks, with the intention of deceiving the money to be paid to the victim stored in the deposit system in the Seoul Southern District Court.

1. On March 3, 2010, the Defendant forged private documents: (a) on the fact at the D Judicial Scriveners Office located in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant: (b) made a false representation as if he was delegated with all the powers; (c) made a false representation; and (d) sealed the victim’s seal impression.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of the victim, a private document on rights and obligations.

2. On March 5, 2010, the Defendant issued the forged power of attorney at the deposit account of the Seoul Southern District Court located in Yangcheon-gu Seoul, Seoul, and exercised it as if it were duly constituted.

3. On March 5, 2010, the Defendant submitted forged delegations to an employee of the deposit account in the Seoul Southern District Court deposit account in Yangcheon-gu Seoul District Court, thereby falling under the premise that the Defendant had legitimate authority to receive deposit money.

However, there was no delegation from the victim for the receipt of deposit money.

The Defendant, as above, by deceiving the deposited personnel, received the deposit amount of KRW 17 million from the deposited personnel to be paid to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Application of power of attorney statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of fines, respectively.

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