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(영문) 부산지방법원 2015.04.09 2014고단3864
사문서위조등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From April 2009 to around November 14, 2010, the Defendant purchased 20 million won in the name of D from around November 2014, 201 a house of 69,000,000 in the name of 30,000,000,000 won, and was living with D on the first floor until March 30, 2013. In purchasing the above house, the Defendant occupied 20,000 won, which is short of 62 million won in the balance of the purchase price, to D without compensation around November 14, 2010.

1. On November 16, 2010, the Defendant: (a) entered the Defendant’s Jeonse House located in the Busan metropolitan area, Busan metropolitan area; (b) entered the amount of KRW 20,000,000 as KRW 20,000,000,000,000 in blank notes using the writing notes in order to file a loan suit; and (c) marked the amount as KRW 20,000,000,000,000,000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000

Accordingly, for the purpose of uttering, the Defendant forged a cash custody certificate in the name of D, which is a private document related to rights and obligations.

2. On December 2, 2013, the Defendant: (a) filed a loan lawsuit with the Busan District Court civil petition office located in 1500 Dong-dong, Busan District Court; and (b) filed a false cash storage certificate to a public official under the name-free circumstance, who did not know the content of the document; and (c) filed it with the complaint.

Summary of Evidence

1. Statements made by witnesses D in the fifth trial records, and statements made by witnesses G in the seventh trial records;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to a copy of a cash storage certificate and a copy of a certificate of security deposit payment;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 231, 234, and 231 of the Criminal Act concerning the selection of punishment, and the selection of a fine (which shall be considered in the circumstances of the instant case, and shall be considered in relation to the person who has been forged, etc.);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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