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(영문) 서울남부지방법원 2015.04.22 2014고정3573
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around June 21, 2010, the Defendant: (a) stated that “The Defendant, while preparing a loan certificate with F and G in order to lend KRW 30 million to the head of the hospital’s office F and employees G, the Defendant: (b) stated that “F and G shall not lend money in trust to the other party; and (c) included the name of the doctor in the loan certificate.”

Accordingly, G prepared and printed the loan certificate form stating H as the borrower, and the F affixed H’s name tag and seal kept in front of the counseling office in the column of the borrower.

Accordingly, the Defendant, in collusion with F and G, forged a letter of loan in the name of H, a private document related to rights and obligations, for the purpose of uttering.

2. On March 2014, the Defendant: (a) at the Yangcheon-gu Seoul Metropolitan Government New District Court 313-1 Seoul Southern District Court; (b) the actual borrower did not repay the borrowed money; and (c) the actual borrower submitted and exercised the certificate of borrowing under the name of the victim as stated in Paragraph (1) of the judgment that he was forged and kept to provisionally seize the victim’s house.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 231 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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