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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around October 10, 2011, the Defendant agreed to divorce with C, who is the husband, but was in dispute due to the issue of paying consolation money, was willing to receive KRW 80 million from D in advance and withdraw the intermediate payment of apartment land owned by C, which C sold to D at that time, and was asked D to pay intermediate payment first on or around the 20th day of the same month, which is the date of intermediate payment under the contract, and received KRW 80 million from D to the bank account in the name of C (Account Number E).
1. On October 19, 201, around 11:15, 201, the Defendant forged private documents, using the writing form, entered “E” in the account number column, the amount column in the name column, and the “C” in the name column, and affixed C’s seal that the Defendant had on his name.
Accordingly, for the purpose of uttering, the Defendant forged a letter of deposit claim in C, a private document on rights and obligations.
2. The Defendant, at the same time, at the same time and place as Paragraph 1, issued the forged request for deposit to F, an employee of the said bank, who was aware of the forgery, as if it were the document duly formed.
3. The Defendant, at the time, at the same time, at the same place as in paragraph (1), presented one of the forged claims for deposit, and had the right to withdraw deposit in C’s account delegated by C to withdraw deposit amounting to KRW 80,000,000,000, which is owned by the victim bank from F, was urged by the Defendant as if he had the legitimate right to withdraw deposit in C’s account.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of G police officers;
1. Statement to C by the police;
1. Each investigation report (the confirmation of the time when the report of divorce is received, and hearing of witness D telephone statements);
1. Pecuniary statement;