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(영문) 전주지방법원 군산지원 2019.01.30 2018고정348
사문서위조등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 23, 2015, the Defendant forged private documents: (a) stated the name “(E)” in the corporate name column, “F” in the name column, and “G” in the name column of the representative in the form of the “D new discount and loan” written contract at the agency located in the Dasan-si B located in Busan-si; and (b) stated the name “F, resident registration number H, mobile phone G” and “F” in the name of the joint and several surety column, and affixed the F seal in advance on the name of the surety.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the “D New Payment Clause” contract in the name of F, a private document on rights and obligations.

2. The Defendant at the time and place specified in the foregoing paragraph (1) submitted to I, who is an operator of the above Cagency, a forged “D new discount and loan” contract, as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. Statement to the prosecution of I;

1. Each police statement made to I and F;

1. Application of the head of a complaint, customer information list, information on joint and several sureties, and statutes on consent to personal information;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of a fine for a crime, the choice of a punishment, and the choice of a fine for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a sentence of suspended sentence of imprisonment is invalidated or revoked);

1. Suspension of execution of a fine under Article 62 (1) of the Criminal Act (the suspension of execution of a fine shall be postponed in consideration of the circumstances, such as the fact that it appears to be a crime by willful negligence, not by final intention, all of the mistakes are recognized and reflected, and that there exists no past record of criminal punishment heavier than that of the same kind of crime or fine);

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