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(영문) 서울서부지방법원 2018.04.20 2018고단211

사문서위조등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, from around July 2007 to July 15, 2015, is a co-representative of Da Co., Ltd. (hereinafter “D”) located in Mapo-gu Seoul Metropolitan Government and 107 underground, who actually operated D.

1. Forgery of private documents and the uttering of a falsified investigation document;

A. On January 10, 2015, the Defendant forged a private document: (a) written share purchase and sale contract with the content that “a seller sells to A 1.6 million won of the seller’s shares to 1.60 billion won of the seller’s shares”; (b) written share purchase and sale contract with the content that “a seller sells to A 1.60 shares of 160 won of the seller’s shares to 1.60 won of the buyer”; and (c) written and printed out a share purchase and sale contract with the content that “a seller sells to A 1.60 shares of 1.60 shares of G seller to 1.60 million won of the buyer” with the content that “a seller’s shares to be sold to A shall be sold to 1.60 million won of the buyer,” and (d) signed and sealed each purchase and sale contract with the name of each seller, F, and G on the day on which the seller’s own shares are arbitrarily attached to the name of each share purchase and sale contract.

As a result, the Defendant, who is a private document on rights and obligations, has set up a share trading contract in the name of E, F, and G.

B. Around that time, the Defendant filed an application for registration of change of shares at the Mapo-gu Seoul tax office located in Mapo-gu, Seoul, and submitted three copies of the forged stock transaction agreement as seen above, as if it were a document duly formed by the staff-in-charge.

Accordingly, the defendant exercised the share trading contract in the name of E, F, and G, which is a forged private document.

2. From around July 15, 2015 to July 15, 2015, the Defendant is a person who has been in charge of management and overall business of D’s funds as the actual operator of the interest of the joint representative director of D as the victim.

A. H and the Defendant are small-scale corporations in which D are composed of the Defendant’s family members as shareholders on March 201, 201, and the father E who was a joint representative director.