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(영문) 수원지방법원 2018.06.07 2018고단810
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 11, 2011, the Defendant: (a) stated that the notary public located in Pyeongtaek-si shall seal the proxy form in the law firm D office, “E”, “F 104 Dong 301 Dong 301 in Gyeonggi-do,” “G 104 Dong 301 in the delegating column; (b) in the State column, “H” in the delegating column, “H” and “H” in the delegating column, and in the State column, “I” prepared in advance in the seal imprint box, and signed the letter of attorney’s seal imprint, signed the letter of attorney’s right and duty, forged the letter of delegation in the name of E, G, and H, which are documents related to rights and duties; and (c) exercised the said fact to the attorney-at-law as if he/she knew.

2. The Defendant: (a) stated that “1. the surety guaranteed the obligor’s obligation under this contract and agreed to jointly and severally with the obligor” in the certificate of monetary consumption and loan contract No. 233 of 201, 201 at the time and place specified in paragraph (1) as stated in the foregoing paragraph, the Defendant, at the time and place specified in the foregoing paragraph (1), shall enter the forged power of attorney-at-law in charge of authentication attached to the said law firm D, as stated in paragraph (1); (b) stated that “1. the surety guaranteed the obligor’s obligation under this contract and agreed to jointly and severally with the obligor,” and (c) stated the foregoing E, G, and H as a joint and several surety, thereby exercising the right of representation by allowing the attorney-at-law in charge of authentication,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by J;

1. Proxy form or certificate of process;

1. Application of Acts and subordinate statutes to a complaint, each prepared document, reference document, and detailed statement of deposit transactions;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, Article 229 and Article 228 (1) of the Criminal Act, as to the facts constituting an offense (the point of exercise of the original document of process) of the relevant Act, Articles 231 of the Criminal Act, Article 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act (the point of exercise of the original document of process recorded as false);

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

1. Selection of the penalty;

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