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(영문) 서울동부지방법원 2012.08.23 2012고정739

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Around July 17, 2008, the Defendant received a multi-family housing construction project from Yandong-gu, Ansan-si, Gyeonggi-do, and the Defendant did not have a comprehensive construction license under the name of the Defendant. Therefore, the Defendant introduced a name-free box (F department, a name-free corporation, the F department) through the D Office E and recruited to perform the construction by lending F’s comprehensive construction license, and prepare and submit necessary documents.

1. On July 23, 2008, the person whose name was omitted was forged, on the paper column of the standard construction contract for private construction works prepared in advance, forged a copy of the standard construction contract for private construction works in the name of B, which is the private document’s name attached to the above name, stating that “private Dong occupation and new house construction works,” “Yansan-si c” in the construction site column, “Yansan-si c” in the construction site column, “Yansan-si c, 2008” in the date of commencement, “30 December 2008” in the column of the scheduled date of completion, “Yong-gu0 million won” in the contract amount column, “Seoul-gu Dara 102 B” in the order of the contractor, and then affixed B’s seal attached to the above name and duties.

2. Around July 2008, the Defendant submitted one copy of the standard contract for private construction works that was forged to the public official of the office of the Dong-gu in the name of the Dong-gu who is unaware of the circumstances through D Office E, as if the document was duly formed.

Accordingly, the defendant, in collusion with the above-mentioned person, forged and exercised one copy of the standard contract for private construction works in B without authority for the purpose of exercising the right.

Summary of Evidence

1. Legal statement of the witness B;

1. Entry of the defendant's partial statements and statements B and E in each protocol of examination of the defendant against the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the head of a complaint and standard contract for private construction works;

1. Articles 231, 30 (the point of view of the private document), 234, and 231 of the Criminal Act for criminal facts;