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(영문) 인천지방법원 부천지원 2013.08.30 2013고정1182

자격모용사문서작성등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in a building business.

1. Around August 2, 2011, the Defendant drafted qualification-based private documents: (a) around August 2, 2011, at the “C” office located in Gyeonggi-si, and between D and D, enter into a construction contract of “E 4 houses”; (b) let F, who may know of such fact, enter “G (main representative director A)” in the contractor column of the standard contract for private construction works using a computer, write out the contract; and (c) print out the contract and affix seals thereto to the name of the said contractor.

However, the above "G" was a company that did not exist at the time, and accordingly the defendant was not a representative director of the above "G".

Accordingly, for the purpose of exercising, the Defendant drafted a standard contract for private construction works, which is a private document on rights and obligations, by gathering the qualification of the representative director of the said “G”.

2. The Defendant, at the same time and at the same place, delivered the standard contract form for private construction works prepared as above to the above D and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of statutes on a copy of a contract;

1. Relevant Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, and the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;