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(영문) 서울중앙지방법원 2013.09.26 2013고합764
특정경제범죄가중처벌등에관한법률위반(사기)등
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

On October 23, 2009, the Defendant forged a power of attorney in the name of the former wife C to prepare a notarial deed of a monetary loan for consumption and thereby was willing to enforce C’s compulsory execution on the property.

1. Around January 5, 2010, the Defendant forged a private document in the letter of delegation form stating that “A, the Cheongbuk-gu, the Cheongbuk-gu, Seoul, would delegate all the authority to prepare a notarial deed by designating the said person as his/her agent,” and “A” and “A” and “C” and “A” and “A” and “A” and “A” and “A” and “A” and “A” and “A” and “A” and “A” and “C and Gangnam-gu, Seoul Metropolitan Government E-dong 2103” affix a seal in the letter of delegation column, thereby forginging C’s right and duty.

2. The Defendant: (a) entrusted the law firm with the preparation of a notarial deed for a loan for consumption at the same time, at the same time, at the same place; (b) submitted the forged power of attorney F in charge of notarial acts to the law firm F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of delegation (A) Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for not more than seven years and six months;

2. Application of the sentencing criteria;

(a) the calculation of the recommended punishment for each crime (common of the crime of forging private documents and the crime of uttering of a falsified document) [decision of types] the scope of recommended punishment in cases where social risks have not been realized because the ultimate objective of the crime was not achieved, such as fabrication, alteration, etc. of private document (special person], and fabrication, alteration, etc. of private document (act / mitigation factors).

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