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(영문) 춘천지방법원 2016.03.10 2016고정16
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Forging a private document;

A. On May 3, 2011, the Defendant: (a) stated in the column of guarantor in the form of the loan certificate issued by the branch in the Defendant’s residence located in Chuncheon-si; (b) stated that “Name C” and “Contact: D” were in possession of a flat by the name of C.

C’s seal was affixed.

Accordingly, for the purpose of uttering, the Defendant forged a loan certificate in the name of C, which is a private document on rights and obligations.

B. On May 23, 2011, the Defendant entered “Name C” and “Contact: D” in the column of the guarantor in the form of the loan certificate issued by the branch of the Defendant’s residence at the address of the said Defendant, and thereafter was in possession of the name next to the name of C.

C’s seal was affixed.

Accordingly, for the purpose of uttering, the Defendant forged a loan certificate in the name of C, which is a private document on rights and obligations.

2. Exercising the relevant investigation document;

A. On May 3, 2011, the Defendant issued a false loan certificate to the said F at the F’s residence located in Chuncheon-si E, and exercised the certificate as if it were duly formed.

B. On May 23, 2011, the Defendant issued the above F a false loan certificate to the said F at the above F’s residence and exercised it as if it had been duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes governing respective certificates of borrowing;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime (the point of uttering of the aforementioned investigation document), and the selection of fines;

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

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

1. Some of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include that the Defendant has no record of being punished for the same kind of crime.

However, the defendant holds the seal of F to borrow money from F, which is his/her father.

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