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(영문) 제주지방법원 2012.12.27 2012고단1171
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Upon receiving a request from C to sell D real estate owned by C, the Defendant borrowed KRW 70 million from E to directly purchase the said real estate, and intended to borrow money from F and joint sureties with the debtor F and joint sureties.

1. On January 19, 2009, the Defendant forged private documents at the (State) H office located in G at Jeju, the Defendant used an inspection tool on the paper of the loan certificate to enter the employees of the above office in F, I, I, Jeju J 304 and K in the debtor’s column, and entered “D, L, Jeju M” in the debtor’s direct joint and several surety column, and affix a seal of F and D’s seal with which the Defendant was aware of in advance on the name of the above F and D.

Accordingly, for the purpose of uttering, the Defendant forged a letter of borrowed money in F or D name, which is a private document on rights and obligations.

2. The Defendant sent a forged loan certificate to E at a temporary location, as if it were duly formed, to E, at the same time and time as Paragraph 1, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a certificate of borrowing;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a falsified investigative document);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment specified for the crime of forging a private document between the crimes of forging a private document and the punishment for the crime of forging a private document in the F name shall be imposed);

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution provides that the defendant is led to confession and is in violation of depth, there is no record of punishment for the same kind of crime, and E who lends money to the defendant in trust of the document name, F and forged document, and wishes to be punished against the defendant.

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