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(영문) 광주지방법원 2015.09.23 2015고단2775
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Defendant

The “B” in the operation of the Company B bears the obligation of service payment to “D” in the operation of the Company C.

A person who is urged to pay the price, the Defendant drafted a letter of demand for payment, “The content to which the debtor is a stock company B,” in D.

When preparing a payment note, the defendant thought that he is a partner E as a joint guarantor without permission.

1. On May 10, 2012, the Defendant, without authority, forged a letter of payment under the name of E, which is a private document in the name of “E” and attaching a certificate of personal seal impression on the side of the name of “E” in the column of joint and several sureties in the letter of payment for the purpose of exercising at the office D Office located in Seo-gu Seoul Special Metropolitan City, Seo-gu.

2. The Defendant, at the same time and at the same place, delivered a forged payment memorandum to C as if it were duly formed, and exercised the foregoing time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the legislation of a copy of a letter of payment;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act, the choice of punishment for the crime (the occupation of Articles 231 of the Private Document and Selection of Imprisonment), 234 and 231 of the Criminal Act;

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 Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant repents the defendant's wrong, the relationship between the defendant and E, and the payment note that D has suffered a lot of pain from the wind that the defendant filed a civil lawsuit against E or seized E's stocks or real estate, and the defendant's criminal records, etc. (six months to two years of imprisonment with labor for the recommended sentencing guidelines);

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