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(영문) 서울중앙지방법원 2016.01.20 2015고정227
사문서위조등
Text

The defendant shall be innocent.

Reasons

1. On January 8, 2007, while the Defendant had been residing in the victim C’s house from the early policeman on January 2007, the Defendant was hospitalized in the victim’s house on June 8, 2007, and had the victim’s resident registration certificate possessed for the purpose of treating depression, and did not return it to the victim.

On May 19, 2008, the Defendant, without authority, forged the Defendant’s application form for membership of the C C Card in the name of the victim, who signed the application form for membership of the C Card with the personal information of the victims indicated in the above resident registration certificate, using the personal information of the victims indicated in the above resident registration certificate, on the applicant column, “C”, “D” in the resident registration number column, “Seoul E Apartment 104-402” in the State column, and “C” in the customer column, signed the application form for membership of the C Card in the name of the victim, which is a private document on the rights and obligations.

The defendant, at the same time and place as above, issued a forged application for membership of the above bank staff to the person who was unaware of such forgery, and exercised it as if it were duly formed.

2. Unlike the facts charged, the Defendant’s assertion that the victim’s resident registration certificate was returned to the victim, and that the Defendant directly prepared an application for membership of a new bank e-mail card member at the time specified in the facts charged, but that it was made with the consent of the victim.

The evidence corresponding to the facts charged in this case has been made between the victim's investigative agency and the court.

However, it is difficult for the victim to believe that the defendant's statement that he/she has forged the above membership application without the victim's permission is insufficient for the following reasons.

A. The Defendant acquired the Canadian nationality around 1999, and the Defendant and the victim came to know of the Canadian nationality at around 2001 through the introduction of a branch at the university, and lived together with the house located in Gangnam-gu Seoul Metropolitan Government F from January 2007.

The defendant did not have a card in his name and from around 2006.

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