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(영문) 서울중앙지방법원 2016.04.19 2016고정647

사문서위조등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Forging a private document;

A. The Defendant’s acquisition of shares by means of a computer at C office in Gangnam-gu Seoul on January 2009, using the computer at the Defendant’s office in Gangnam-gu Seoul;

1. Class of shares to be transferred: Registered common shares to be issued in C,

2. The number of shares to be transferred: Total 23,536 shares;

3. Price per share: 2,000 won per face (500 won per face value);

4. Total amount of the price: Amount KRW 47,072,00, name of transferor: D, transferee: and others entered and stored in accordance with D name and then kept in accordance with D name;

D Seal of name was affixed.

Accordingly, for the purpose of uttering, the defendant has forged a copy of a contract for acquisition of shares in the name of D, which is a private document on rights and obligations.

B. On April 2009, the Defendant: “A share acquisition agreement; 1. Types of shares to be transferred” using a computer at the above office: registered common shares issued C;

2. The number of shares to be transferred: Total 19,594 shares;

3. Price per stock: 3,000 won per face value (500 won per face value);

4. Total amount of the price: Amount 58,782,00, name of transferor: D, transferee: F, etc. entered and stored in the name of D and then kept in the custody of D name;

D Seal of name was affixed.

Accordingly, for the purpose of uttering, the defendant has forged a copy of a contract for acquisition of shares in the name of D, which is a private document on rights and obligations.

2. Exercising the relevant investigation document;

A. On January 2009, the Defendant, at the above office around January 2009, exercised a contract for acquisition of forged shares to G with the knowledge of such forgery as above, as if the contract was duly formed.

B. On April 2009, the Defendant, at the above office, exercised a contract for the acquisition of forged shares with F, who was aware of the forgery, as seen above, as if the contract was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 231 of the Criminal Code (the point of Article 231 of the Private Document) for the relevant criminal facts and the selection of punishment.

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