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(영문) 부산지방법원 2018.09.19 2018고단2972
사문서위조등
Text

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

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As C's friendship, the Defendant borrowed C's resident registration certificate around September 200 and continued to hold it.

1. For the purpose of opening and using a deposit account in the name of C, the Defendant: (a) around July 3, 2012, entered Yang money in the face name column of the deposit transaction application form (C) at the location where the Agricultural Cooperative was located at the Busan East-gu, Busan-do, 359-h, and entered “C” in the face name column of the deposit transaction application form at the location where the Agricultural Cooperative was located at the location where it was located at the Busan-dong-gu, Busan-dong, and affixed the seal in advance on the face and bottom of the name; (b) affixed one copy of the application form for deposit transaction in the name of C, a private document on rights and obligations; and (c) from that time until February 14, 2014, each of the above provisions was applied for the issuance of a request for deposit transaction in the name of C and three copies of a request for deposit without the passbook.

2. On July 3, 2012, the Defendant exercised the following: (a) around December 3, 2012, the Defendant issued and used a forged deposit transaction application form in the name of C to the employees in charge of deposit affairs as if the written application was duly completed; and (b) from then on, until February 14, 2014, the Defendant exercised 16 copies of the deposit transaction application in the name of C and three copies of the request for deposit without passbooks, respectively, as shown in the attached list, from that time until February 14, 2014.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by each prosecutor and police with regard to C;

3. A complaint;

4. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point specified in each private document: Article 231 of the Criminal Act (the choice of imprisonment);

(b) The occupation of exercising each of the above-mentioned investigation documents: Articles 234 and 231 of the Criminal Act;

2. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed in attached Table 16 of the same Table, the nature of the crime and the circumstances of which are the largest).

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years and six months;

2. The sentencing criteria shall be set.

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