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(영문) 창원지방법원 2017.05.11 2016고단2469

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From January 2014, the Defendant, as a person operating C in substance, had the name of the representative director of C company from D, had a seal impression transfer certificate issued by D under the pretext of changing the name of the representative director of C company, and had the intention to forge a transfer contract for shares transfer, and to transfer 12,000 shares of C company holding D (hereinafter “instant shares”) to the Defendant’s mother-friendly E.

1. On July 21, 2014, the Defendant forged a private document using a computer screen program at the above C office located in F of Changwon-si, Changwon-si, to the column for the transferor (A) of a contract for the transfer of stocks, the name, resident registration number and address of D, E’s name, resident registration number and address in the transferee (B) column, and “12,00 shares (10 won per share)” in the transfer shares column, and “A” in the content column, “A is a shareholder of C, and B transfers the above shares to B, and I take over them.

“(A)D” and then printed out the document, the document was in possession of the same as above on the name of D.

D’s seal imprint also affixed the head of the Gu.

Accordingly, for the purpose of exercising authority, the Defendant stipulated one copy of a contract for the transfer of shares in the name of D, which is a private document related to rights and obligations (hereinafter “instant contract”).

2. On December 2014, the Defendant, at the Changwon Tax Office located in Changwon-si, Changwon-si, submitted a forged contract as if it was a document that was duly formed, and exercised it.

Summary of Evidence

Witness

D The notice of tax payment of securities transaction tax (with respect to credibility of D's statement) on a copy of the written contract for transfer of shares in the police's written statement concerning D's statement concerning D's statement in the suspect interrogation protocol against D's prosecutor's office against the defendant in the legal statement of D's statement is delegated by the defendant at the place where D's statement is located.