사문서위조등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the representative of C Company and the victim D is the representative director of E Co., Ltd. who requested the defendant to provide consultation on merger of the company.
1. Forging a private document;
A. On August 29, 2016, the Defendant: (a) prepared a transfer agreement to the effect that “G representative director H agrees to transfer a license for G electrical construction business to E representative director D without having been entrusted to transfer any transfer from the representative H using a computer at the place of Kimpo-si, Kimpo-si, 513 and 2401; (b) drafted “(ju)G and representative director H” at the end, and affixed official seals at his discretion.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the transfer contract, which is a private document on the rights and obligations in the name of G representative H.
B. The Defendant, at the same time and place as in the preceding paragraph, did not have received delegation from G Representative H to the transfer of a company by using the computer at the same time and place as in the preceding paragraph, prepared an enterprise sale delegation to the effect that “H shall delegate all of it to A in the transfer of G,” and prepared at the end “(ju)G and representative director H” and affixed a seal of G arbitrarily.
Accordingly, for the purpose of exercising, the Defendant forged a letter of delegation of corporate transfer, which is a private document on the rights and obligations under the name of G representative H.
2. The Defendant exercised the said investigation document by transmitting the forged transfer contract and the letter of delegation to the said D, as if it were a document duly formed, at the same time, at a place as in the foregoing paragraph (1).
3. The fraud defendant knew at the above date, time and place that the victim found a company to be merged in order to be qualified as a bid for the electrical construction business ordered by the Leecheon-gun branch Co., Ltd., and knew that the victim was "40 million won in total for five years."