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(영문) 창원지방법원 2013.06.12 2013고정148
사문서위조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Road Traffic Act at the Changwon District Court on December 23, 201, and the judgment was finalized on December 31, 201.

1. On September 18, 2007, the Defendant forged private documents prepared a loan certificate and proxy form with the intent to borrow money from E at the D restaurant operated by the Defendant in the Busan City City, and on September 18, 2007, the Defendant arbitrarily stated in the name of the joint and several sureties of the above loan certificate “F”, “G”, and “F” in the name of the joint and several sureties of the above loan certificate, and then arbitrarily stated in the name of the joint and several sureties of the letter of delegation “F”, “H apartment 405-1401,” and “F” in his name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of borrowing in F’s name, which is a private document on rights and obligations, and a letter of delegation.

2. The Defendant: (a) delivered the forged loan certificate and the power of attorney to the above E at the same time and at a place as Paragraph (1) to the said E, who is aware of the forgery; and (b) exercised the same as the document duly formed.

3. The defrauded presented to the victim E a forged loan certificate, at the same time and place as in Paragraph 1, together with the above F’s certificate of the above F’s personal seal impression, and the facts are as follows: F has jointly and severally guaranteed the Defendant’s obligation to borrow money; or F has not agreed to do so; as such, the Defendant deceiving the victim as if he did not have agreed to do so, thereby deceiving the victim and deceiving the victim under the name of five

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police interrogation protocol against the accused or F (including E substitute part);

1. Statement to E by the police;

1. A copy of a certificate of borrowing, a proxy copy, a certificate of seal impression, and each.

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