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(영문) 서울남부지방법원 2018.01.24 2017고단5314

사인위조등

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

The defendant is the actual operator of D Co., Ltd. in Gangseo-gu Seoul Metropolitan Government.

1. Around October 2016, the Defendant forged a private person by having his/her employees wear “KR-60157, and HT (KCC-006)” with the purpose of exercising his/her trade nameless painting in Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone, which is a private person (private seal).

2. On August 17, 2017, the Defendant: (a) around August 17, 2017, posted a forged disinfection treatment seal on a wooden box manufactured by E at a factory in Gangseo-gu Seoul Metropolitan Government D; and (b) exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of detection;

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense (the occupation of a private person), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of an event as a private person);

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 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (the fact that the defendant is not subject to criminal punishment exceeding a fine, the crime in this case appears not to be false, and the fact that the number of seals of the forged private person who has used the crime is not high, etc.);