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(영문) 서울중앙지방법원 2016.12.22 2016고단7454
사문서위조등
Text

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

Reasons

Punishment of the crime

Around March 8, 2013, at a place where a place is unknown, the Defendant: (a) made a statement that “(a) BH, the representative of BG, periodically borrowed KRW 50 million from BI” on a paper using a computer; (b) stated “BH’s seal imprint on March 8, 2016; (c) forged a copy of the loan certificate in the name of BH, which is a private document concerning rights and obligations, without authority, for the purpose of exercising the right by affixing the seal imprint of BH’s seal imprint which was located next thereto; and (d) exercised on March 8, 2016, the Defendant issued to BI a forged copy of the loan certificate in a coffee shop in which the name of the neighboring wife of the Dongjak-gu Seoul Metropolitan Government Sadong-dong is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to BI;

1. Application of Acts and subordinate statutes concerning the investigation report (BH telephone investigation);

1. Relevant Articles 231 and 234 and 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (the occupation of Articles 231 and 231 of the Criminal Act, and the choice of imprisonment);

1. From among concurrent crimes, even though the Defendant benefits an unsatisfy amount through the exercise of a document forged for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant was unable to recover the damage therefrom.

The forged document is a document with an important meaning in the transaction that proves the loan. In particular, in that the seal imprint, who is the forged document, has been used in the forged act, there was a concern over additional damage due to the high credibility of the forged document, and the BI prepared and delivered the document by deceiving the defendant, which seems to have taken place in the civil claim against the nominal owner of the document.

In light of the circumstances, means, and results of these crimes, the nature of the crime of the defendant is very high, and the responsibility of the defendant is very heavy.

However, these unfavorable circumstances are the fact that the defendant led to the confession of the facts of the crime, and the same kind of crime in the past.

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