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(영문) 대구지방법원 2017.01.12 2016고단5078
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a female student of B.

1. On June 22, 201, the Defendant borrowed KRW 10 million from D from D’s office located in Daegu-gu Dong-gu, Daegu-gu, the Defendant borrowed KRW 10 million from D, and marked “F” in the column for the joint and several surety address of the paper for the loan certificate using a verification-type pen and marked “F” in the resident registration number column, “B” and “B” in the name column and affixed arbitrarily to the name.

Accordingly, for the purpose of uttering, the Defendant forged a private document under B related to rights and obligations.

2. The Defendant exercised the foregoing investigation document by presenting it to D as if it were the document duly formed, at the same time and at the same place as the above 1. Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes governing a copy of a loan certificate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. The acquittal portion of Article 70(1) and Article 69(2) of the Criminal Act, which is referred to the detention in a workhouse;

1. Summary of the facts charged

A. On January 5, 2009, the Defendant borrowed 50 million won from D’s office located in Daegu-gu, Dong-gu, Daegu-gu, and entered D’s name and affixed a seal prepared in advance to D’s name at the bottom of D’s loan paper using a verification-type pen, stating “Defendant G, H, Daegu-gu, I apartment house 103/1202”, “B, F, and Gyeongbuk-gu, Daegu-gu, I apartment house 103/1202”; and

B. The Defendant presented the forged certificate to D as if it were a document duly formed at the above date and time, and at the same place.

2. As the crime of forging a private document and conducting a falsified investigation document is a statutory penalty of not more than five years or a fine not exceeding ten million won pursuant to Articles 231 and 234 of the Criminal Act, the period of prescription under Article 249(1)4 of the Criminal Procedure Act is seven years, respectively.

This part of the prosecution is above.

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