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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant was a person who operated C with solar energy-related business, and received goods from D Co., Ltd., and had injured persons as joint and several guarantors without the victim E, who was the defendant's wife, in order to guarantee the repayment of the existing debt, in order to conclude a joint and several guarantee contract.
On December 22, 2015, the Defendant, using the computer at the office of Geumcheon-gu Seoul FF Co., Ltd., Ltd., drafted and printed out the joint and several surety documents, “limited joint and several guarantee” and “written undertaking to perform obligations” using the computer, and affixes the victim’s seal impression prior to the name and back of the “E” as indicated in each of the above documents.
Accordingly, for the purpose of uttering, the Defendant forged two copies of the joint and several guarantee documents in the name of the victim, who is a private document on rights and obligations. At that time, the Defendant submitted two copies of the forged documents to an employee who could not know the name of D, which was unaware of the forgery, as if they were duly formed.
Summary of Evidence
1. Statement by the defendant in court;
1. Each legal statement of witness E, G and H;
1. The application of Acts and subordinate statutes of the letter of undertaking to perform the obligation (one-time 7), limited solidarity guarantee (one-time 8);
1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), the selection of fines for criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Consideration of the sentencing of Article 334(1) of the Criminal Procedure Act - The grounds for sentencing of the Criminal Procedure Act - The defendant's mistake is recognized, the defendant's primary offender is the primary offender, and the defendant's health is not good.