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(영문) 의정부지방법원 고양지원 2014.07.08 2014고정606
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant and C establish a company manufacturing the disabled person called “stock company E” in Gangseo-gu Seoul Metropolitan Government from May 2010 to January 201, 201, and actually operated the said company. The F is a person registered as a representative director in the form of the said company.

On October 2010, the Defendant and C collected money under F with F’s name that C has the F’s seal impression certificate and a certificate of seal impression as the operating funds of the above company are urgently needed.

1. Around October 2010, the Defendant issued F’s seal imprint certificate and a certificate of personal seal impression to the Defendant according to the above conspiracy, and on October 29, 2010, the Defendant forged a loan certificate in the name of F, a private document document for the purpose of using a computer to borrow KRW 20 million from G, the obligee, for one year from the obligee, using the computer, at a location not adjacent to the lender. On October 29, 2010, the Defendant forged a copy of the loan certificate in the name of F, a private document for rights and obligations, stating “F” in the name column and “F” in the name column of the borrower’s address.

2. On October 29, 2010, the Defendant: (a) borrowed KRW 20 million from G that he/she was aware of the forgery at a place unclaimed in a place; and (b) exercised the false cash loan certificate as if he/she were duly formed.

Accordingly, the defendant and C conspired with each other to forge the above F's loan certificate and to use it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and C;

1. A complaint;

1. Cash chassis;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of judgment on related civil cases);

1. Relevant provisions of Articles 231, 30 (the point of reference to private documents), 234, 231, and 30 (the point of uttering of such private documents) of the Criminal Act concerning facts constituting an offense, and the choice of fines;

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

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

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