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(영문) 서울남부지방법원 2020.05.21 2019고단5986
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

Based on the facts acknowledged by the evidence duly adopted and investigated by the court, the court should recognize the circumstances of the crime to the extent that it does not interfere with the defendant's defense right.

1. On September 25, 2019, the Defendant forged a private document, using a verification color pen in the C company office run by the Defendant in Ischeon-si, stating “D7”, “D7”, “(H)E” in the name column, “Seoul F building G” in the seat column, and “H” in the name of the reporter and “H” in the column, and affix a seal to the name of the Defendant in advance.

Accordingly, for the purpose of uttering, the Defendant forged a written report under the name of (E) E, a private document on rights and obligations.

2. The Defendant, at the time and place specified in the above paragraph (1), sent the forged 4-party national health insurance report by facsimile as if it were a document that duly formed the 4-party national health insurance report.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the 4th insurance declaration;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (determination of types) (Forgery of private documents).

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