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(영문) 인천지방법원 부천지원 2018.05.25 2018고단251
사문서위조등
Text

Defendants shall be punished by fine for negligence of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

As Defendant B was expected to be divorced due to the infertility with wife C, the Defendants were willing to have his mother and child, and in order to take them back from the above C for the purpose of staying in the Republic of Korea and move-in to the residence of both the Defendants and the Defendants, Defendant A, who had previously obtained C’s consent by using C’s resident registration certificate pictures received from C before the insurance designer, and conspired to forge the above C’s name in the column for confirmation of the former householder of the move-in report.

1. On June 19, 2017, the Defendants forged private documents: (a) at the F office located in Kimpo-si, Kimpo-si, Kimpo-si; (b) Defendant A, who can use Korean language, stated “C” in the name of the householder prior to the list of confirmation of the householders of the person transferring the private document using Bopo-gate; and (c) stamped C’s seal produced by an irregular method on the face of the above name.

As a result, the Defendants forged one copy of the transfer report (the former householder’s confirmation) in the name of C, a private document on proof of facts for the purpose of exercising.

2. The Defendants, at the time and place specified in paragraph 1, exercised the above investigation document as if they were duly formed a forged transfer report to an employee of the said Eup office who was aware of the forgery.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Request for investigation, details, and transfer report related to the move-in report;

1. Application of investigation reports (G competent authorities and telephone conversationss), investigation reports (victim interview reports) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 231, 30 (the commission of private documents in collusion), 234, 231, and 30 (the commission of private documents in collusion) of the Criminal Act concerning criminal facts, the selection of fines, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. The Defendants’ grounds for sentencing of Article 334(1) of the Criminal Procedure Act reflects the mistake by recognizing the crime.

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