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(영문) 부산지방법원 동부지원 2015.05.28 2014고단1961
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

1. On June 24, 2011, the Defendant forged a private document with D, E, F, G, H, etc. applied for a compulsory auction for real estate auction at the Busan District Court amounting to KRW 1,087,00,000,000. This was the situation where the auction procedure was in progress.

On June 11, 2014, the Defendant entered the title “A” in the office of the attorney-at-law located in the department of the Busan Metropolitan Government (J), “A withdrawal of a compulsory auction by official auction by official means of a computer,” stating that “I fully withdraw a compulsory auction by official auction of the real estate of the above case as the creditors and debtors agreed on the above case.” The Defendant posted the contents “A” without being delegated by the creditors as the appointed parties, and puts seals on the name of each of the above nominal holders, “A”, “M located in F.F., Busan Metropolitan City Shipping Daegu, K, E. 5, and Busan Metropolitan City L”, “M located in H. 6., H and Si, Busan, Si, Si, Si, Si, Si, and Gu, and Si, Si, Si, and Gu, Si, and Gu, Busan.”

Accordingly, for the purpose of uttering, the defendant forged one copy of the withdrawal of a compulsory auction for real estate under joint signature of F, E, H, D, G, etc., which is a private document related to rights and obligations.

2. On June 11, 2014, the Defendant submitted to the Busan District Court a forged certificate of withdrawal of a compulsory auction for real estate to a public official in charge of the above court’s name, who is unaware of the forgery.

Summary of Evidence

1. Legal statement of witness G;

1. The part concerning the prosecutor's protocol of interrogation of the defendant as to H

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each written complaint (including accompanying documents);

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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