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(영문) 인천지방법원 2014.09.25 2014고정2335
사문서위조등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant, while keeping the seal of the victim C, had the victim mind that D borrowed money in the name of the victim.

1. On December 15, 2008, the Defendant forged Private Document, in blank of the Defendant’s office located in Seo-gu Incheon, stating “The 2.5% interest rate shall be fixed at 2.5%-3% interest and shall be remitted to the bank account. The principal may be postponed under the mutual agreement at the time of payment.” On December 15, 2008, the Defendant signed “The borrower C” and affixed the victim’s seal.

Accordingly, for the purpose of uttering, the Defendant forged a letter of borrowed money in the name of the victim, which is a private document on rights and obligations.

2. The Defendant at the time and place as set forth in the above paragraph (1) submitted to D the following facts: (a) the certificate of borrowed money forged was duly formed; and (b) the said document was presented to D without knowledge of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a certificate of borrowing;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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