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(영문) 서울중앙지방법원 2013.04.19 2013고단871
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From November 2004, the Defendant, as the general secretary of the C Scholarship Association, voluntarily consumed KRW 52,910,000,000 in total, and KRW 51,000,000 in total, and interest income, KRW 1,000,00 in the account in the name of the Defendant, among which the Defendant kept in the school guarantee right D account in the name of the Defendant, 6.30,000,000 on January 6, 2005, and KRW 6,200,000 on February 28, 2005, and KRW 52,910,000 in total, and KRW 1,671,00 in total,00 on March 25, 2005 at each annual general meeting of the C Scholarship.

Around November 25, 2008, the Defendant issued a copy of the passbook, and then entered the part on November 25, 2008, indicated on the transaction date, “51080470,” and then posted it on the column for the copy of the passbook in 2004, which is indicated as “51080470,” and copied it again to eliminate the trace attached to the passbook.

Accordingly, the defendant forged a copy of the passbook in the name of the educational guarantee for the purpose of exercising the right, and around that time, he issued it to E, etc. who is aware of the forgery at the meeting of the C Scholarship Association.

In addition, around December 7, 2009, around December 7, 2010, and around January 17, 2012, the Defendant forged a copy of the passbook in the name of the school guarantee right in the same manner, and issued it to C Scholarship Association members.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Attachment to a written decision not to prosecute);

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Articles 231, 234, and 231 of the Criminal Act applicable to the facts constituting an offense (the point of uttering of each private document);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a sentence] Crimes of Private Document, Forgery, Alteration, etc. of Private Document (the scope of a sentence of recommendation] Basic Field (the standard for handling multiple crimes): 6 months of imprisonment, 3 years and 4 months [decision of a sentence] managing the Scholarship Fund, the defendant voluntarily withdrawn and used the Fund, and forged the document related thereto.

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