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(영문) 창원지방법원 통영지원 2019.01.07 2018고정285
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On February 1, 2016, the Defendant committed the crime: (a) around February 2016, the Defendant stated “B” in the name column of the Defendant jointly and severally liable with the inspection pen on the paper of the tea carnet; (b) signed B on the name side of the Defendant; (c) forged one copy of the borrowed loan certificate, which is a private document with respect to the rights and obligations of others, with the intention of exercising the right and obligation of others, by stating “C” in the resident registration number column; and (d) exercised the same by allowing D, who was unaware of the fact, to deliver as if the document was actually formed, as if the document was a genuine document.

2. On March 16, 2016, the Defendant: (a) entered “B” in the column for joint and several sureties with the same method as set forth in the foregoing paragraph (1) on the paper of “a tea card”; (b) forged one copy of a private document, which is a private document concerning the rights and obligations of others, with the intention of exercising the right and obligations of others by stating “C,” etc. in the resident registration number column; and (c) exercised the same by allowing D, who was unaware of the fact, to be delivered as if it was a document duly formed, around March 16, 2016.

Summary of Evidence

1. Each legal statement in D and B;

1. Each reply, written judgment, and protocol of pleadings;

1. Documentary appraisal;

1. The defendant asserts that he/she does not forge or use B of the certificate of borrowing, certificate of borrowing, certificate of borrowing and his/her defense counsel;

The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the defendant asserted that the defendant first considered the certificate of borrowed money in civil law, but there is a high possibility that the writing of the debtor's column of the certificate of borrowed money and the writing of the defendant's written statement are the same, and the defendant's arbitrary proof that "in civil litigation instituted against the defendant and B, the defendant borrowed money from D and delivered the certificate of borrowed money is the defendant's arbitrary receipt."

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