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(영문) 대구지방법원 2018.04.05 2017고단4290
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On March 11, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daegu District Court, and the judgment became final and conclusive on the 19th of the same month.

[2] The Defendant had been accused of fraud, etc. from C, and had the Defendant put up as a joint guarantor a letter of performance required by C for an agreement with C.

1. On December 2, 2013, the Defendant forged a private document: F2nd floor coffee in Daegu-gu, Daegu-gu, Gyeongman, for the purpose of uttering, the complainant C and the Defendant for the purpose of uttering

1. A;

2. G:

1. The complainant filed a complaint against the above Defendant Nonparty Nonparty with the Daegu District Public Prosecutor’s Office on charges of fraud and other fraudulent acts, and the Defendant Nonparty agreed to the investigation at the Daegu Southern District Police Station on the condition that the Defendant Nonparty would jointly and severally pay the amount of damages as follows:

(a)on December 19, 2013, in the calculation of the value of KRW 50 million of shares held by A, the Defendant Party A, as the value of KRW 30 million;

2. The balance of the damage set forth above KRW 80 million shall be paid on the 18th day of each month by the defendant's tenant at the interest rate of 24% per annum from February 2014 to February 2014 (the amount of KRW 1.6 million per month), and the amount of the damage shall be KRW 80 million per annum.

6. 25. “To meet all the requirements” means the signature and seal of each letter of performance in the column of “D” and the column of address “I” written in the column of name of joint and several guarantors, and then was inscribed in advance by the name of D in the column of name of joint and several guarantors.

D Seal of name was affixed.

Accordingly, for the purpose of uttering, the Defendant forged a letter of performance under D, a private document related to rights and obligations.

2. The Defendant, at the time and place specified in paragraph 1, exercised the instant investigation document as if it was duly formed with each forged performance document to C, who was aware of such forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against D;

1. A complaint (including a letter of execution of the attached table) and a letter of transfer of the relevant case;

1. His previous convictions.

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