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(영문) 서울남부지방법원 2016.03.23 2014고단5194
사문서위조등
Text

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

Reasons

Punishment of the crime

The Defendant, who received a passbook, resident registration certificate, or certificate of seal imprint in his name from B, had his mother mind to receive a loan on the security of real estate owned by B.

1. On December 26, 2013, the Defendant: (a) indicated the purport of delegating the act of filing an application for registration at the D Company Office located in Seoul Special Metropolitan City around December 26, 2013 in the letter of proxy form that read the “26 December 2013”; (b) stated the grounds for registration and its date in the column of the maximum amount of the claim; (c) “Llcheon Man,000” in the debtor column; (d) “A” and “B” in the debtor column; and (e) affix B seals prepared in advance subsequent to the name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of private document B, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph 1, exercised the power of attorney forged as stated in paragraph 1 by allowing the president to deliver the forged power of attorney to a certified judicial scrivener E who is aware of such forgery as if it was a document duly formed.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A certificate of all registered matters;

1. A certified copy of the resident registration card;

1. A notice of completion of registration by a written confirmation;

1. Application for registration of establishment of mortgage;

1. Proxy letter;

1. Documents for confirmation;

1. Character message images;

1. Investigation report ( telephone conversations with witnesses);

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of excercise of the aforementioned investigation document), and the grounds for sentencing of imprisonment choice for each sentence;

1. Six months to two years from the date of imprisonment with prison labor on the sentencing guidelines (the basic area, such as the group of private document crimes, fabrication, alteration, etc. of private documents);

2. Determination of sentence: Imprisonment with prison labor for eight months (the fact that the defendant provided a house as security and received a loan by using forged documents, and the defendant and a person in the name of the defendant shall be a woman;

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