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(영문) 대전지방법원 천안지원 2019.07.24 2019고단360
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Forgery of private documents;

A. On August 6, 2012, the Defendant committed the crime of August 6, 2012, indicated “E” in the column for the lessee’s signature of the vehicle rental contract that he/she had been equipped with the vehicle rental contract, and arbitrarily made the signature that he/she created.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the vehicle rental contract in the name of E, a private document on rights and obligations.

B. On September 7, 2012, the Defendant prepared a letter of payment stating that he would pay the rental fee of KRW 333,000,000 not paid at the above place on September 7, 2012, and entered the signature voluntarily created in the column of the vow.

Accordingly, for the purpose of uttering, the Defendant forged a letter of payment in the name of E, a private document on rights and obligations.

2. Uttering a falsified investigation document;

A. On August 6, 2012, the Defendant committed the crime on August 6, 2012: (a) exercised the forged vehicle rental contract to the employees of the said rental car company on the date and at the place specified in paragraph (1) of Article 1, as if it were the document duly formed.

B. On September 7, 2012, the Defendant committed the crime on September 7, 2012, at the date and place specified in Paragraph 1(b), and at the same time, exercised a false statement of payment as if it were a document duly formed to the employees of the said rental car company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A vehicle rental contract, payment note, payment order, etc.;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment, respectively;

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 crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is the public credit and transaction with regard to documents.

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