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집행유예
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(영문) 부산지방법원 2009. 5. 19. 선고 2009고단771 판결
[사문서위조·위조사문서행사][미간행]
Escopics

Defendant 1 and three others

Prosecutor

Final Completion

Defense Counsel

Attorney Park Yong-young

Text

Defendants shall be punished by imprisonment for six months.

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

Criminal facts

The Defendants jointly operated Nonindicted Co. 3 Co., Ltd. (hereinafter omitted), in the name of the Korea Rural Community & Agricultural Corporation 1 Co., Ltd., awarded a bid for “Asan dredging project” in the name of the Korea Rural Community & Agricultural Corporation 1, and borrowed money from Nonindicted 4, the subcontractor.

1. Joint principal offenders committed by Defendant 2, 3, and 4;

On November 29, 2006, the Defendants: (a) forged a certificate of money borrowing in the name of Nonindicted Co. 1, 2006, which is a private document on the rights and duties of Nonindicted Co. 3’s office; (b) forged a certificate of money borrowing in the name of Nonindicted Co. 4, a private document on the name of Nonindicted Co. 3, 2 and 4, which is a private document on the rights and duties, and (c) forged a certificate of money borrowing in the name of Nonindicted Co. 1, which is a private document on the title of Nonindicted Co. 4, which is a guarantee liability for KRW 100,000,000, which was remitted to Nonindicted Co. 4 on November 29, 2006, which was written by Nonindicted Co. 4.

2. The co-principal of Defendant 1 and 4;

Defendant 1: (a) around January 2008, the purpose of exercising the right and duty at the place specified in paragraph (1); (b) Nonparty 4, which was written out by Nonindicted Co. 4, to the effect that “the borrower, on November 20, 2006, borrowed KRW 100,000 from Nonindicted Co. 4 under the joint and several surety of Nonindicted Co. 1 and Defendant 4,” attached a letter of “joint and several surety: Defendant 1’s representative director of Nonindicted Co. 1; and (c) Defendant 4 forged a private document in the name of Nonindicted Co. 1, which is a private document on the rights and obligations by signing on Defendant 4’s name, and forged a false certificate of borrowing of KRW 100,000,000, which was remitted to Nonindicted Co. 4 on November 20, 206, which was actually used as a guarantee policy for KRW 100,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness Nonindicted 5 and 4

1. Some of the statements made by the prosecutor's office and police interrogation protocol against the Defendants (including part of the statement made by Non-Indicted 5)

1. Statement made by the prosecutor on Nonindicted 4 in the prosecutor’s statement

1. Part of the statement made by the police against Nonindicted 5

1. Each description of a complaint, a copy of a loan certificate, and a copy of a money borrowed certificate;

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Articles 231, 234, and 30 of the Criminal Act (Determination of Imprisonment, respectively)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution (the defendants);

Article 62(1) of the Criminal Act (Taking into account the circumstances leading to the crime of this case, the circumstance leading up to the occurrence of the crime of this case, if this judgment becomes final and conclusive, that Nonindicted Co. 1 would not incur any damage due to the bearing of the loan obligation, and Nonindicted Co. 4 knew that he was delegated by Nonindicted Co. 1 at the time of the crime, but was aware that he was delegated by Nonindicted Co. 4 at the time of the crime, and

It is so decided as per Disposition for the above reasons.

Judges O Young-gu

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