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(영문) 청주지방법원 2016.12.01 2016고정876

사문서위조등

Text

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

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

Reasons

Punishment of the crime

The Defendant, who is engaged in the business related to solar energy, has falsely prepared and submitted a written estimate for comparison to the ordering office, and had the mind to place an order for the solar power plant project.

1. On July 23, 2015, the Defendant: (a) searched the relevant company on the Internet with a view to falsely preparing a quotation for comparison with respect to the order for construction of solar power infrastructure; and (b) around July 23, 2015, the Defendant: (c) drafted “C, mutual name column” D, “C, mutual name column; (d) Seoul, Seocho-gu E, Seoul, in the address column; (c) Construction Business Co., Ltd.; (d) written in the item column “F,” “F,” “F,” “F,” and written in the item column “F,” “F,” and written in the item column “F,” “F,” the product column “150 installation in solar power plant; (d) the product column “W,” “3,650,000; and (e) the product column “W,540,500,” and the Defendant’s seal impression at his discretion,” written in the “W” column “D supply column.”

Accordingly, for the purpose of exercising rights, the Defendant forged one copy of the quotation in the name of the above company, which is a private document on the duty of rights.

2. Around July 30, 2015, the Defendant: (a) sent a forged quotation, as indicated in the foregoing paragraph (1) to the ordering entity, and (b) delivered the said quotation as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of the written estimate statutes;

1. Articles 231 and 234 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.