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(영문) 대구지방법원 포항지원 2015.09.04 2015고정286
사문서위조등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to six years of imprisonment for a violation of the Act on the Punishment, etc. of Specific Economic Leave (Fraud) at the Daegu High Court on January 15, 2015, and the said judgment became final and conclusive on March 20, 2015.

The defendant was a person who was working for the "C Licensed Real Estate Agent B in North Korea-gu, North Korea-si.

On November 22, 2010, the Defendant forged a receipt issued by the Korean Licensed Real Estate Agent Association, which is a private document, within the office of “C Licensed Real Estate Agent Association in North-gu B” on November 22, 2010, without the consent of the Defendant husband D, written “cash custody certificate” without the consent of the Defendant husband, and written “30 million won and December 22, 2010 on the date of return,” and written “D” in the same manner, stating “this million won and December 22, 2010 on the date of return,” and forged a receipt issued by D, which is a private document, for rights and obligations.

B. On November 22, 2010, the Defendant exercised the 50 million won receipts of the Korean Licensed Real Estate Agent Association (hereinafter “Korea Licensed Real Estate Agent Association”) with the consent of D, as if the Defendant was a receipt duly formed with the consent of D, which was aware of the forged facts, around November 22, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 231, 234, and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a falsified investigative document);

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

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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