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(영문) 춘천지방법원 2017.12.21 2017고단978
사문서위조등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has worked as a art teacher at the “D Art Research Institute” located in Chuncheon City C and 3, and E is the president of the said Institute.

1. On November 26, 2016, the Defendant: (a) prepared a business agreement in which 11 items are indicated, such as “the content that E and the Defendant operate the said Art Research Institute as a partner business,” in the form of the same business agreement that he/she received by using a computer installed therein; and (b) stated the personal information (f) of E and the Defendant, and affixed a seal to the E’s name in advance.

Accordingly, the Defendant forged the business partnership agreement in the name of E, a private document on rights and obligations.

2. On November 30, 2016, the Defendant: (a) borrowed KRW 50 million from F in the practical skill room of the foregoing Art Research Institute; (b) borrowed from F in the said art Research Institute; (c) attached to the letter of certification No. 2710 attached to the G Joint Law Office’s letter of business agreement in the name of counterfeit E, such as paragraph (1), and presented it to F.

Accordingly, the defendant exercised a forged E business contract.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a petition for accusation, a certificate of certification, a certificate of process (certificate of process in the same business contract), a business registration certificate, evidentiary materials of a defendant's lawsuit, a certificate of process (certificate of process in the bills, H and suspect), a criminal investigation report (Attachment to Certificate No. 2170 in 2016), a copy of a loan certificate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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. Fully considering the following conditions of sentencing under Article 334(1) of the Criminal Procedure Act, including the character, conduct, occupation, health and the circumstances before and after the commission of the crime.

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