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(영문) 서울북부지방법원 2018.11.29 2018고정1447
사문서위조등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around March 14, 2018, the Defendant forged a private document: (a) at a certified judicial scrivener office located in the Dongjak-gu Seoul Metropolitan Government building C; (b) on January 27, 2018, at the general meeting of the “E Development and Improvement Project Association” assembly, the Defendant won as the head of the partnership; (c) but did not yet obtain authorization for the establishment of the head of the Gu office and registration for the change of the executives of the corporation; (d) on September 15, 2017, the said association held members F, for the purpose of exercising a compulsory execution to collect KRW 2,415,630 of the litigation cost amount determined by the Seoul Northern District Court’s determination of the amount of litigation cost; and (e) in preparing a “application for compulsory execution”, the Defendant voluntarily sealed the credit column, stating “The head of the E Development and Improvement Project Association G,” with the head of the partnership’s name attached his/her seal at will.

Accordingly, for the purpose of uttering, the Defendant forged an application form for compulsory execution under the name of the head of the association G, which is a private document on rights and obligations.

2. On March 14, 2018, the Defendant, at the enforcement office of the Seoul Northern District Court (Seoul Northern District Court) around March 14, 2018, submitted the forged “application for compulsory execution” to an employee who is unable to know the name that he/she was aware of, and held the said application.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. G Fact-finding certificates;

1. Application of compulsory execution applications, receipts, certificates to be registered, the articles of association of the association, and statutes governing decisions;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is as follows: (a) there are circumstances to consider the circumstances leading to the instant crime; and (b) resulting from the instant crime.

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