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(영문) 대구지방법원 2015.09.11 2015고단2874
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution for the violation of the Punishment of Tax Evaders Act at the Daegu District Court on February 21, 2014, and the said judgment became final and conclusive on February 21, 2014, and on December 18, 2014, the Daegu District Court sentenced 6 months of imprisonment with prison labor and 2 years of suspension of execution for the forgery of private documents, etc.

1. On September 2, 2013, the Defendant forged private documents: (a) around September 2, 2013, at the first floor sale office of the building B in North-gu, Daegu-gu, the Defendant requested (main) the Plaintiff to prepare an agreement on the payment of the price for real estate sale in the name of the victim D; and (b) signed and sealed the victim’s seal prior to the name of the victim indicated in the seller’s column of the agreement with the intent to exercise the said agreement

Accordingly, the defendant has forged a written agreement in the name of the victim.

2. On September 3, 2013, the Defendant submitted the forged agreement to the said C as if the said C was a genuine agreement, which was not aware of the forgery thereof, at the Human Rights and Building Office located in Sinsan-si, Busan-si, and held the said agreement.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Each description of a letter of agreement or letter of commitment;

1. Previous records of judgment: Application of each Act or subordinate statute entered in the statement on criminal records, the screen of inquiry into consolidated cases of the prosecution, and the copy of judgment;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) of the suspended sentence is that the defendant has forged an agreement in the name of the injured party, and the person who is a stock company is not a party to the said agreement.

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