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(영문) 대구지방법원 2017.08.24 2017고정1245
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, upon the termination of a lease contract from a lessor, had the lessor clarify the real estate, and had the lessor forged a certificate of deposit confirmation in his/her name to send it to the complainant.

1. On April 14, 2017, the Defendant: (a) indicated that “4.5 million won was determined and subsequently, at the time of selling commercial buildings, 4.5 million won was written in advance following the name of D and E, using a color tag in his/her house located in Daegu-gu, Daegu-gu, the Defendant: (b) indicated that “4.5 million won was fixed; and (c) later, at the time of selling commercial buildings, 4.5 million won was written as evidence; and (d) inserted in advance in D and E’s name.

D, E seal has been stamped.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the deposit confirmation certificate of private document on rights and obligations.

2. On April 15, 2017, the Defendant sent a forged deposit confirmation certificate at his own house to the victim E, who is aware of the forgery, and issued it as if it were duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Kakao Stockholm Act and subordinate statutes governing deposit certificates;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of forging each private document and the trade name of each of the crimes of forging each private document, the crimes of forging a private document due to forgery or uttering in the name of E with heavy criminal situation, and the punishment prescribed for the crimes of forging a private document due to such forgery or uttering in the name of E);

1. Selection of each sentence of imprisonment;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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