beta
(영문) 서울북부지방법원 2017.01.18 2016고정1762

사문서위조등

Text

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

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

Reasons

Punishment of the crime

1. On May 30, 2014, the Defendant of a private document forgery: (a) at the D Co., Ltd. office located in the sixth floor of the Seoul Jung-gu Seoul Metropolitan Government C Building, the Defendant agreed to transfer the shares of the transferor, “E”, “A”, and “E” to A, by means of a computer; and (b) concluded this contract with the following.

The share price shall be paid on the date of the contract, and shall be stated as follows: “The number of transferred shares shall be in accordance with general practice: 6,000 shares; par value per share: 5,000 won; total transfer value: 30,000 won; and held on the name of E without permission of E; and

E’s seal was affixed.

Accordingly, for the purpose of uttering, the Defendant committed an act of acquiring shares in the name of E, a private document related to rights and obligations, with the intent of exercising one copy of the contract.

2. On June 2014, the Defendant: (a) from the lower police officer on July 2014, 2014 to the first police officer, at the Dongdaemun-gu Tax Office located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) reported the stock transfer of a company to F, an employee of the accounting office, and (c) exercised the said forged stock transfer agreement by having the employee of the accounting office submit a false stock transfer agreement as if he were duly constituted.

Summary of Evidence

1. Legal statement of witness E;

1. Part concerning the defendant's statement E in the suspect interrogation protocol

1. Statement made by the police for E;

1. Complaint;

1. Investigation report (F telephone call for a witness);

1. Detailed statement of transfer of share certificates or shares, written agreement of transfer of share certificates, performance statement of agreement, application of Acts and subordinate statutes of subparagraph (E);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (a point of uttering of forged private documents) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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