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(영문) 창원지방법원 진주지원 2015.11.11 2014고정424

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C was awarded a contract for the construction of sewage conduits among the maintenance works of sewage conduits by Changwon-si, Changwon-si, a person who operates E in Changwon-si, and was awarded a subcontract for the construction of the drainage facilities and sub-subcontracts that F was awarded a contract from Changwon-si, and re-subcontracted to H who operates G that he became aware of the Defendant’s introduction, and H was issued a tax invoice after hearing the statement that H would be paid directly from F.

C In the event of a dispute over the construction cost between the above H, the Defendant and the Defendant conspired to change the payment account of the construction cost so that H may deposit the construction cost from F to E, and ordered the Defendant to affix his seal, the representative director of G.

C around October 29, 2013, at the above E office, made a letter of delegation stating that the authority to revise payment of G account payment issued by using the computer in the drainage site shall be delegated to the J, who is an employee in charge of the E’s accounting, and stated that “GI” is “GI” in the delegating column. The letter of consent stating that the sum of the wage and the cost of private supplies generated in August and September, 201 and the amount of KRW 5,677,00,000 for the payment to the J’s personal account, not GI was written, and the Defendant arbitrarily affixed the said letter of delegation and the consent, respectively.

C and the Defendant sent forged power of attorney and written consent at the above E Office on the same day by facsimile as if they were duly formed to the person in charge of F’s name in mind of such fact.

Accordingly, the defendant, in collusion with C, forged and used a letter of delegation and a letter of consent in the name of the private document, which is a private document, for the purpose of exercising rights and obligations.

Summary of Evidence

1. Each legal statement of a witness I, H and C;

1. Copy of the protocol of interrogation of the police by J; and

1. Application of Acts and subordinate statutes to a certified copy or written consent;

1. Relevant provisions concerning facts constituting an offense;