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(영문) 대구지방법원 2016.07.05 2016고단587
사문서위조등
Text

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

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

Reasons

Punishment of the crime

1. While the Defendant was engaged in credit transactions with a company for farming and business credit, it was necessary to set up a limited joint and several guarantee letter in order to use credit transactions exceeding the Defendant’s credit limit, the Defendant used the Defendant’s each letter of limited joint and several guarantee to forge and use it.

On April 2013, 2013, the Defendant: (a) stated in the name column “C”, “C”, “C”, “E”, and “E” in the resident registration number column, and “F Apartment-gu, Daegu-si, Daegu-si, 105 Dong-gu, 201; and (b) stated in the name column, that the Defendant was in custody of “C”, “C”, “C”, “C”, and “E”, and “F Apartment-gu, Daegu-si, 201.”

The seal imprint of C voluntarily affixed C's seal imprint as it is the head, and the person's seal imprint was affixed to C's seal verification column which is next to it.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the limited joint and several guarantee in the name of C, which is a private document on rights and obligations.

2. On April 10, 2013, the Defendant: (a) issued the forged “a letter of limited solidarity guarantee” as stated in the foregoing paragraph (1) to employees G, who are aware of the forgery, at G G, a company located in Seocheon-dong 693, Seocheon-gu, Seocheon-gu, Daegu-gu; and (b) exercised the said investigation document as if it was genuine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, G, and H;

1. Written complaint and accompanying documents (No. 1 through 5 No. 5 of the evidence list);

1. C registration, copy of C's seal imprint certificate, content certification, A's seal imprint certificate, civil judgment, each joint and several guarantee certificate, and seal imprint certificate;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents (No. 11 through 14, No. 22 through 25, No. 30 through 37)

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document), Articles 234 and 231 of the Criminal Act on criminal facts (the occupation of uttering of forged private document);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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