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(영문) 인천지방법원 2014.08.27 2014고단3985
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. As of December 2012, the Defendant: (a) while operating a manufacturer of kitchen supplies with the trade name called “D (representative E) in Seo-gu Incheon, Seo-gu, Incheon; (b) caused FF operators G to pay KRW 180,000,000,000 to G; (c) demanded G to guarantee the Defendant’s wife in his/her own ability to provide guarantee; and (d) intended to forge and deliver guarantee documents on the basis of H’s personal information known to him/her.

On December 18, 2012, the Defendant promised to pay KRW 100,00,00 to F by December 31, 2012 and pay KRW 79,126,457 to F by December 10, 2013 under the title “D’s statement of cash payment” using a computer screen document at the above D office. The Defendant promised not to raise an objection to all legal measures of F as indicated in the previous performance note. On December 18, 2012, the Defendant entered the contents “D E” into the name and resident registration number of H as shown in the lower part of the guarantor column, and affixed his/her seal to H voluntarily.

Accordingly, for the purpose of exercising, the Defendant, without authority, forged a letter of cash payment guarantee in the name of H, a private document concerning rights and obligations.

2. The Defendant at the time and place specified in paragraph 1 by facsimile (I) of the Defendant’s instant investigation document sent a letter of cash payment assurance, which is a private document that forged the guarantor column, by means of facsimile of the F Office in Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant sent it to G who is aware of the forged circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to forged certificates of cash payment and copies;

1. Relevant Article 231 of the Criminal Act for the facts constituting an offense (the point of assistance in private documents) and Articles 234 and 231 of the Criminal Act are forged.

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