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(영문) 광주지방법원 목포지원 2017.09.15 2017고단620
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from January 1, 2013 to December 31, 2016, presented his/her opinion that he/she was the head of Yong-Gun C Village, and around December 27, 2016, at the above village assembly, expressed his/her opinion that he/she opposed to the reappointment of the Defendant, he/she used the seal of the chairperson of the Village Development Committee and the members of the said Village Development Committee who are authorized to prepare a letter of recommendation to recommend the Defendant to this Chapter.

1. On December 29, 2016, the Defendant forged private documents: (a) at the Defendant’s residence located in Yong-gun, Yong-gun, Nam-gun, Nam-si; (b) on the column in which the personal information of the letter of recommendation received from the E Eup/Myeon office using the shot-pent-type, the Defendant entered his/her personal information in the column in which the letter of recommendation was recorded; and (c) on the column in which the date was written, the Defendant entered “F”, “F, H, I, and J” in the Development Committee Chairperson column; and (d) was in possession of each of the “G, H, I, and J” in the development Committee Chairperson column.

F, G, H, I, and J seals were stamped by the above names.

Accordingly, for the purpose of uttering, the Defendant forged a letter of recommendation under the name of F, G, H, I, and J, which is a private document on fact certification.

2. On December 30, 2016, the Defendant: (a) exercised the foregoing investigation document at the E-Eup/Myeon office located in Yong-gun, Young-gun; (b) the said Eup/Myeon office, which was unaware of the forgery, was held as if he were duly formed with the letter of recommendation issued under this Chapter.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of each police officer against L, J, M, or H;

1. Each police statement made to N, F, I, and G;

1. Application of Acts and subordinate statutes, such as minutes and letter of recommendation in this Chapter (Evidence List 16,20);

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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