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(영문) 서울중앙지방법원 2014.07.16 2014고단1972
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who served as the head of C, was a person, and the customer, did not have applied for the loan, but did not want to mislead the victim C by forging the documents for the loan application in the name of D and applying for a false loan, and received the money under the name of the loan and used it as the stock investment price.

1. On July 8, 1998, the Defendant: (a) indicated the amount column of the form for credit transaction agreement in Jongno-gu Seoul, Jongno-gu, Seoul; (b) indicated the amount of “Gu0 million won” and “D” in the debtor column in the form for credit transaction agreement kept there in color pent; and (c) arbitrarily stamped the documentary seal impression received from D to the debtor’s name of the said credit transaction agreement in order to perform the payment of interest.

Accordingly, for the purpose of uttering, the Defendant forged a letter of credit transaction agreement in the name of D, a private document on rights and obligations.

2. The Defendant, at the time, and at the place specified in paragraph (1), submitted a forged credit transaction agreement to an employee of C, who is not aware of the forgery, as seen above, and exercised the same.

3. In submitting a forged credit transaction agreement at the time, place, as mentioned in paragraph (1) above, the accused, as if D applied for a loan, deceivings employees belonging to the victim C, and he/she received KRW 90 million from the above employees as a loan, which is owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The details of an accusation, the processing of debtors (D), and the application of Acts and subordinate statutes on loan table;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reduction of self-denunciation under Articles 52 (1) and 55 (1) and 3 of the Criminal Act;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.

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