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(영문) 대구지방법원 2016.10.20 2016고단3369
사문서위조등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is the actual operator of “C” corporation.

In order to obtain more loans from banks, the Defendant, in order to receive more loans from banks, committed a stock company with the purchase price of real estate purchased by C from D.

On July 29, 2015, the Defendant, without authority, made an employee in non-name enter "F in Dong-dong-si, 1924m2, G, 162m2, 2086m2, 2086m2, 757,000,0000, 757,000,0000, 757,000,0000,0000, 2000,0000 in the down payment column, 200,000,000 in the balance column, 200,000 in the seller's address, 200, 300,000,000 in the seller's address, 30,000,000,000,000,000,000 won, and 4'D's name, adjacent to the seller's name.

Accordingly, for the purpose of exercising authority, the defendant forged the "Real Estate Sales Contract" in the name of D, a private document concerning rights and obligations without authority.

2. Around October 19, 2015, the Defendant: (a) submitted a forged real estate sales contract to a person in charge of loaning by a facsimile, etc. as if he/she were duly formed at the C Office Co., Ltd. (hereinafter referred to as “C office”); and (b) exercised the contract.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect examination protocol against D, I, J, and K;

1. A copy of a real estate sales contract;

1. Application of Acts and subordinate statutes to filing a complaint, a copy of a real estate sales contract, a copy of a loan certificate, a certified copy of register, and account

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (hereinafter the following extenuating circumstances among the reasons for sentencing) (the scope of recommendations) is a private document.

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