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(영문) 서울북부지방법원 2016.10.21 2016고단84
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From his father D, the Defendant had 100 million won as to the Defendant’s obligation to borrow borrowed money from his father(name omitted) of the Defendant-friendly E, D had a joint and several surety, and he had a blank with a seal imprint affixed thereon.

When the creditor F of the defendant demanded the security, using the blank with which the seal imprint affixed affixed to the above D's seal imprint, D arbitrarily prepares a loan certificate with the content of joint and several sureties for the debt amount of KRW 170 million to F exceeding the above KRW 100,000,000.

1. Around January 30, 2010, the Defendant: (a) borrowed a 170 million won (Won 170,000,000) to B and B; (b) borrowed a H apartment 602 with the domicile of H apartment 602 in Gangnam-gu Seoul Metropolitan Government G; (c) the above blank on which D’s seal imprint is affixed; (d) “A’s seal imprint, A(A); (e) the Gangnam-gu J; (b) the Gangnam-gu HPT 602; and (c) A(B) made efforts to repay the amount of money faithfully. From August 11, 2008 on the loan date; (b) January 30, 2010 on the loan date; and (c) August 10, 2012 on the loan date; and (c) the name “A’s seal imprint number 10,000,000,000,00,000.”

Accordingly, for the purpose of uttering, the Defendant forged the column of joint and several sureties for the borrowed certificates in the name of the private document D, which is a private document.

2. At the time and place specified in Paragraph 1, the Defendant: (a) delivered a forged loan certificate to F without knowledge of the forgery as if it were duly formed; and (b) exercised the same.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a complaint and a loan certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 231, 234, and 231 of the Criminal Act, and imprisonment, respectively;

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

1. The types of sentencing grounds of Article 62(1) of the Criminal Act shall be mitigated as the basis for suspended execution.

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