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(영문) 수원지방법원 2016.05.12 2016고단806

사문서위조등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2011, the Defendant was sentenced to one year of imprisonment for breach of trust and two years of suspended execution, and the above judgment became final and conclusive on September 2, 2011.

In 2011, the Defendant was accused of a double transfer of the right to sell a non-resident's housing site from B, and thereby, was subject to criminal trial due to breach of trust due to such double transfer, the Defendant agreed to transfer the right to sell the land for livelihood countermeasures of C to B to obtain cancellation of the complaint from B, and was willing to deliver a written confirmation of the fact in the name of C representative director D to B, as if the right to sell the land for livelihood countermeasures was transferred to B.

1. On April 18, 201, the Defendant forged private documents: (a) stated “B”, “27”, and “8” in the column of the name of the owner in the C Office located in Suwon-si, Suwon-si, and “B”, “B”, “27”, and “8” in the column of the owner’s reputation, respectively, at the C Office located in Suwon-si, Suwon-si, and at the end of the document, compared to the list kept in the head office.

After indicating “C representative director D” as “B”, the employee identification card of C in possession of C was affixed, and continuously “a certificate of fact confirmation” was the title “B,” which proves that the said person is the owner of 8 square meters of the paper for countermeasures against life against C(State). The C representative Director D, stating “C representative director D, and affixed a prior seal to C employee identification card of the stock company.”

Accordingly, for the purpose of exercising authority, the Defendant set up each of the “C (State) list of owners of land for livelihood countermeasures” and “a certificate of fact confirmation” in the name of C(State) representative director D, Co., Ltd., a private document on fact-finding without authority.

2. The Defendant, at the time, at the place, at the time, and place specified in the preceding paragraph, completed the “C (State) list of the owners of land for livelihood countermeasures” and “a certificate of fact confirmation” in the above-mentioned C representative director D, to B who is aware of the forgery.