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(영문) 의정부지방법원 2013.08.29 2013고정98
사문서위조등
Text

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

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

Reasons

Criminal facts

The defendant, who was a couple C and was married, had C undergo cerebral cerebral surgery and had C arbitrarily obtain a certificate of the personal seal impression in C in the name of the hospital, and had C receive C's insurance money.

1. On August 14, 2012, the Defendant: (a) stated the purport to delegate the act related to the certificate of personal seal impression in the Nowon-gu civil petition office in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 6-7 Dong 701-1, as “D” in the item of the certificate of personal seal impression’s resident registration number column of the person delegated by using the pen on the printed letter; and (b) made the Defendant’s co-owner E, who is aware of such fact, enter “A, South Korea, and South Korea, 301” in the item of the letter of delegation; (c) “Submission of insurance for the purpose column; (d) “B hospitalization” in the item of the delegation column; and (d) written in the item of “C, G, South Korea, and South Korea, F operation 301” in the item of the certificate of personal seal impression’s seal impression; and (d) affixed C seal to his name.

Accordingly, for the purpose of exercising, the Defendant forged a power of attorney for a certificate of seal impression in the name of C, a private document.

2. The Defendant, at the time and place specified in paragraph (1), submitted the forged power of representation to a public official who is not aware of the forgery at the time and place, and exercised it as if it were duly constituted.

Summary of Evidence

1. Each legal statement of witness C, H and I;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement of C and H;

1. A receipt of insurance proceeds claim, a copy of passbook, a certificate of personal seal impression, a family relation certificate, and a medical certificate;

1. Investigation report (Statement in the circumstances of the insurance receipt staff and the public officials to issue certificates of seal imprint);

1. Application of statutes on a certificate of seal imprint;

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. The former part of Article 37 of the Criminal Code among concurrent crimes.

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