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(영문) 인천지방법원 2014.02.18 2013고정4707
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In order to assert that an original agreement authenticated between the defendant and the victim C was forged in a lawsuit, the defendant had the custody of the form of the agreement, and the defendant has the intention to forge it.

1. On August 11, 2009, the Defendant: (a) deleted the part of the agreement form in which the former victim was drafted on the third floor of the building in Nam-gu Incheon Metropolitan City, the Defendant signed the Defendant’s signature by reducing the “out the fact of having actually borrowed” under paragraph (3) of the original agreement signed by the victim and the Defendant; and (b) signed C on August 11, 2009, the Defendant signed the Defendant’s signature by side of the column stating “I (person) who is a shareholder and is an investor C (person).”

Accordingly, for the purpose of uttering, the Defendant forged a written agreement in the name of C, which is a private document on rights and obligations.

2. On June 4, 2010, the Defendant: (a) submitted a forged agreement to the competent division in charge of the disposition of suspending the performance of duties and the case of appointing an acting director, which is located in the Nam-gu Incheon District Court 2010Kahap495, which is located in the Nam-dong Incheon Metropolitan City, as if it were duly constituted; and (b) exercised it.

Summary of Evidence

1. Statement by the defendant at the court (the second trial date);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to letter of authentication, written agreement, record-keeping, and search of Naba case (in the Incheon District Court 2010Kahap495);

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 fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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