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(영문) 부산지방법원 2012.11.28 2012고단731
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 14, 2009, the defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and his sentence became final and conclusive on September 10, 2009.

1. On December 12, 2007, the Defendant forged an application for a loan for automobile purchase in the name of F, which is a private document for the rights and obligations attached to the F’s seal affixed to the F’s name, and a copy of the agreement, which is a private document on the F’s name, entered into a joint guarantor column of the application/agreement for a loan for automobile purchase funds for the purchase of the Oral Capital Capital in the state where the Defendant works as a director without authority for the purpose of exercising the right and duties at the office of the State office located in the Busan District Office.

2. At the above time and place, the Defendant: (a) delivered one copy of the FF’s application for a loan for vehicle purchase under the said forged F’s name to I, an employee selling cars, as if they were actually prepared; and (b) exercised the said document.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, J, K, L, and I;

1. A report on the application for a loan, power of attorney, recording and recording;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (informating a copy of judgment);

1. Article 231 of the Criminal Act applicable to the facts constituting an offense (the point of Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations based on the sentencing criteria, basic areas including forgery and alteration of private documents: Six months to two years; and

2. In consideration of the fact that there is no reflect as to whether to suspend the execution, and that there is no effort to recover damage, etc.: Not choice of the suspension of the execution; 3. Imprisonment with prison labor for a year and six months;

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