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(영문) 부산지방법원 2017.07.06 2016고단8304
절도
Text

Defendant

A shall be punished by a fine of one million won, and by a fine of two million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On August 3, 2015, at the F office operated by the victim B in Busan-gun E, Busan-gun, Defendant A, the Defendant stolen it with one copy of the victim’s personal seal impression certificate under the victim’s name, and one copy of the victim’s personal seal impression certificate under the victim’s wife G.

2. On December 2, 2015, Defendant B filed a complaint with the public service center of the Busan Geum-gu police station located in 1819, as the center of the Busan Geum-gu, Busan, for the purpose of having a criminal punishment imposed upon A, the Defendant filed a complaint stating, “In spite that around July 2015, the complainant A had not had his wife G provided a joint and several surety for the Defendant’s debt borrowed money, Defendant B forged the power of attorney in G and carried out a compulsory execution of movable property based on this, and thus, Defendant Nonparty B was punished as a crime of forging a private document and committing the investigation of documents.”

However, on July 2015, the defendant extended the due date for the repayment of the loan to A around July 2015, the defendant's wife G agreed to guarantee the above loan obligation and accordingly, the defendant puts his seal on the power of attorney on his own, and there was no fact that the defendant had affixed his seal on the letter of attorney in blank.

Nevertheless, the defendant submitted a false complaint to the public service center of the Franchi Police Station to the public service office of the Franchi Police Station and filed a false complaint with A.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution (including the replacement of the Defendants)

1. Complaint;

1. Application of statutes on police statements protocol;

1. The relevant law and the defendant A who has selected a punishment on the crime: Article 329 of the Criminal Act (Optional to Penalty) defendant B: Article 156 of the Criminal Act (Optional to Penalty)

1. Reduction: Articles 157, 153, and 55 (1) 6 of the Criminal Act of Defendant B;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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