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(영문) 창원지방법원 2016.07.01 2016고단933
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was unable to repay the borrowed money from B, was able to arbitrarily prepare a certificate of loan borrowed under the name of C and D and to transfer the Defendant’s false claim against C and D to B.

1. On April 17, 2015, the Defendant forged a private document: (a) around 3, 200, issued a loan certificate stating that E had the Defendant take a 85,000,000 won from the credit holder on April 17, 2015 by having the obligee, C, the obligor, and D as the guarantor, and (b) had the obligor take the 85,000,000 won from the credit holder on the part of C and D name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of loan in the name of C or D, a private document related to rights and obligations.

2. On April 2015, the Defendant, at the office located in Gangseo-gu Busan Metropolitan Government F, submitted a forged loan certificate to B as if he/she were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

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

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 Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The first-class crime for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (the scope of recommendations / [the scope of punishment / [the forgery, alteration, etc. of private documents] of Article 62(1) of the Criminal Act, which does not constitute the second-class crime (the person subject to special sentencing from June to two years] in the basic area (the scope of recommendations / the scope of recommendations / the forgery, alteration, etc. of private documents) of Article 62(1) of the Act on the Suspension of Execution. The final scope of punishment due to the aggravation of punishment / [the person subject to special sentencing] of Article 62(1) of the Act on the Punishment of Specific Documents: Six months to three years [the decision of sentence] as follows, and the age, sex, family relationship, family environment, family environment, and crime.

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