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(영문) 대전지방법원 홍성지원 2018.06.28 2018고정14
사문서위조등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A borrowed KRW 30 million to D and demanded D to jointly and severally act as a debtor, but it was not possible to request E's consent.

The Defendants, using the prior knowledge of the personal information of E, introduced Defendant A as Defendant E, and Defendant B conspired to prepare jointly and severally liable for the debt of the loan certificate to E in the name of E.

1. On April 14, 2016, the Defendants forged private documents: (a) around 19:00, at the office of “G” located in the Chungcheongnam-si, Chungcheongnam-do; and (b) according to the above public offering, Defendant B entered the name, resident registration number, address, and mobile phone number of E using the pen in the column of joint and several debt obligations of the above loan certificates, and signed by E following that name.

As a result, the Defendants forged the joint obligor of the borrowed deed, which is a private document on the duty of rights, for the purpose of uttering.

2. The Defendants engaged in the event of the said investigation document in collusion delivered the forged loan certificate to D as if it were duly formed at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, H, and E;

1. To describe a copy of the borrowed deed and apply the existing Acts and subordinate statutes;

1. Relevant Articles 231, 30 (abstinence of private documents), 234, 231, 30 (abstinence of private documents), and 30 (abstinence of private documents) of the Criminal Act; and the choice of fines for each crime;

1. Aggravation Defendants of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment prescribed for the crime of conspiracy of the relevant investigation documents, heavier than the quality of the crime)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act include the fact that the Defendants recognized their mistakes and repented.

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