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(영문) 대전지방법원 서산지원 2018.09.12 2017고단1004
사문서위조등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was a past related relationship.

From B, the defendant arbitrarily withdrawn and used the money from the passbook B.

“As the Defendant was subject to a lawsuit seeking the return of unfair benefit payment due to the cause of the claim, etc., the Defendant was willing to forge B’s certificate of borrowing money in the name of B in order to pretend that the Defendant had lent money to B.

1. Forging a private document;

A. From January 2015 to March 27, 2017, the Defendant stated the blank as “a loan certificate, KRW 30,000,000 (30,000), and the above amount as the loan lender B, and January 15, 2015, in the blank, the Defendant stated as “A return” with an official seal-type book.

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

B. From February 2015 to March 27, 2017, the Defendant stated the blank as “the loan certificate, the daily amount of KRW 50,000,000 (50,000), and the above amount in full borrowing, A return, B, and February 25, 2015,” the Defendant stated as “the loan certificate, the daily amount of KRW 50,000,000 (50,000),” in the blank, in the color of official approval.

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

2. On March 27, 2017, the Defendant: (a) issued two forged loan certificates, as described in paragraph (1), to the Suwon District Court located in 120, Young-gu, Young-gu, Young-gu, Young-gu, Gyeonggi-si, which represented the Defendant in a lawsuit claiming the return of the above unjust profit amount; and (b) issued two forged loan certificates as shown in paragraph (1) as if they were duly established.

Summary of Evidence

1. Witness B;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to loan certificates and appraisal;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. The Criminal Act to attract a workhouse;

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