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(영문) 수원지방법원 평택지원 2018.04.05 2017고정672
위조사문서행사등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

When the Defendant got the obligee to demand repayment of the amount equivalent to KRW 20 million from the obligee C, the Defendant, after deceiving the complainant, received a certificate and seal of the complainant, used it as a guarantor for the above obligation, and had the complainant use it as a guarantor for the above obligation, and had the complainant receive an extension of the date.

1. On October 17, 2016, the Defendant forged a private document stating, “In the case of death in the old age within the foregoing period, this commitment shall be deemed null and void, but the guarantor shall be bound to pay five million won,” written in the name column of the guarantor’s name, “E” written in the name of the complainant, and the seal of the complainant who was issued by deceiving the complainant by deceiving him was affixed to that name.

Accordingly, the Defendant forged a copy of the commitment deed in the name of the complainant, which is a private document on rights and obligations.

2. On the same day as the above paragraph 1 above, the Defendant exercised the above investigation document as if it was a document duly formed with the completion of a forged promise certificate in the sports park parking lot located in Pyeongtaek-si, Gyeonggi-do, and other than the instant case, which was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the accusation, commitment, certificate of confirmation, certificate of seal imprint, and recording;

1. Relevant Article 231 of the Criminal Act and Articles 234 and 231 of the Criminal Act concerning the crime;

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

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