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(영문) 청주지방법원 2016.07.06 2016고단889
사문서위조등
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

(b).

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Cheongju District Court on May 15, 2014, and the said judgment became final and conclusive on the 23th of the same month.

[Criminal facts]

1. On December 2009, the crime C committed around the Cheongju City was an operator of the E restaurant located in Cheongju-si, a substantial area of the Cheongju-si, and the defendant was an employee of the E restaurant.

Although the Defendant was urged by creditors, such as F and G to repay borrowed money, the Defendant was unable to change the borrowed money due to lack of special financial resources, and the borrowed money was used in E-cafeteria operated by C.

I asked creditors to prepare a loan certificate under C's name from the creditors, and thought that C's loan certificate was arbitrarily prepared and drawn up.

On December 2009, the Defendant stated “F” in the “amount of gold paper” column for “amount of gold paper” and “date” column for “F,” “F,” “C,” and “B,” and “B,” column for “B,” and was in possession of the said C name.

C’s seal is affixed, and the above loan certificate was issued to F who is unaware of the forgery.

Defendant 1 stated “G” in the “amount of gold” column for the loan certificate form at the above date, at the above place, in the “amount of gold,” and “date,” “C” in the “debtor,” and “creditor” column, and then was in possession of “G” in advance following the above name C.

The C’s seal was affixed and the above loan certificate was issued to G who knew of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged two copies of a private document C, which is a private document on rights and obligations, and exercised them.

2. On July 29, 2014, the Defendant committed a crime with intent to prepare a written agreement that he/she would receive money from C in order to know that the Defendant would receive 60 million won of the borrowed money from the creditor I.

On July 29, 2014, the Defendant computers at the office of an unexploited certified judicial scrivener in Mountain-dong around Cheongju-si.

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