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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 becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, based on an executory protocol, committed an act of forging and submitting a statement to the effect that the Defendant received less than KRW 60 million, which is the actual payment, at the time of filing an application for personal rehabilitation to the obligee B for the payment of the amount of 60 million won and damages for delay for the said amount, he received less than KRW 3 million, which is the payment of benefits.
1. On February 22, 2012, the Defendant: (a) entered the list of benefits (A) using a computer in the office of the management body of the building in Seongbuk-gu Seoul Metropolitan City, Sungnam-si; and (b) made a statement to the effect that monthly benefits were paid in two million won each from February 2, 2011 to December 201; (c) entered the name of the management body of the building in the lower part of the table as C, and affixed the official seal under the name of the management body.
As a result, the Defendant forged the salary statement in the name of Cbuilding Management Body, which is a private document on the certification of fact, for the purpose of exercising the right.
2. On February 28, 2012, the Defendant: (a) received the case of personal rehabilitation from Suwon District Court 2012 Suwon District Court 2012 and 16910; (b) delivered a forged benefit statement as if it were a document duly formed; and (c) exercised it.
3. On February 28, 2012, the Defendant attempted to acquire property benefits by deceiving the court by submitting the aforementioned detailed statement of forged benefits when receiving the said individual rehabilitation case at the Suwon District Court located in the Suwon-dong District Court located in Suwon-gu, Suwon-gu, Suwon-si, and thereby making it possible to obtain property benefits by making a decision that he/she would decrease the liability of the above B from the above court and redeem 4 million won per month. However, the Defendant failed to achieve that purport with the wind raised an objection by the above court.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to forged benefit specifications (A), each investigation report (D with the head of the CBuilding Management Group D) and telephone conversations statements;
1. The corresponding provisions of the Criminal Act concerning criminal facts; and