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(영문) 인천지방법원 2015.08.26 2015고단3536

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually engages in construction business while operating D Co., Ltd. (hereinafter referred to as “D”).

1. The Defendant violated the Framework Act on the Construction Industry: (a) it was difficult for D to conclude a contract for construction works under the name of E and F Co., Ltd. (hereinafter “F”) on the wind on which deposits deposited in D Construction Mutual Aid Association are seized; and (b) it was agreed that it will receive and execute construction works by lending them under the name of F Co., Ltd. (hereinafter “F”).

On July 12, 2010, the Defendant entered into a construction contract under the name of “F representative director I” with the said company’s “H (D) factory civil engineering works for the Hajin-gun, Chungcheongnam-gun, Chungcheongnam-do, and executed the said civil engineering works from July 14, 2010 to September 30, 2010.”

Accordingly, the Defendant received and executed construction works using F’s trade name.

B. On October 13, 2010, the Defendant concluded a construction contract under the name of “F representative E” with a contract for a construction project that was awarded from the said company to “K for the construction of a supplementary construction project to the 115 million won for the external valley drainage of the ASEAN plant” at the office of the said company located in the jurisdiction of Ulsan-gu, Ulsan-gu, U.S.., and performed a supplementary construction project from Oct. 30, 2010 to Nov. 30, 2010.

Accordingly, the Defendant received and executed construction works using F’s trade name.

2. The Defendant, while operating D, etc., borrowed KRW 100 million from the funeral company from June 30, 201 to August 31, 201, 100 million from the funeral company on three occasions with the need to pay money, and was willing to draw up a monetary loan agreement in the name of F, who is requested to draw up a monetary loan agreement, due to tax issues, etc.

On December 2, 2011, 201, with no authority to exercise in the D office located in Gyeyang-gu Incheon L, the term "money loan contract," and the corporate funeral company shall be deemed to be the corporation F.