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(영문) 대전지방법원 천안지원 2013.12.27 2013고단1573

사문서위조등

Text

A defendant shall be punished by imprisonment with prison labor 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.

Reasons

Punishment of the crime

The defendant is the actual representative director of the corporation B established for the purpose of manufacturing and selling set facilities, and the victim C is the defendant and the related person of the sixth degree of relationship, who takes charge of registering the establishment of the corporation.

The Defendant transferred the shares to D in the process of transferring the said company under the name of the employees in the process of transferring the shares, without obtaining the consent of the employees, and without confirming C’s intention, once transferred the shares in the name of C, with regard to the said shares transferred under the name of C, by obtaining the consent of the employees, and without confirming the intention of C.

1. Forgery of private documents;

A. On June 10, 2010, the Defendant stated “20,000 shares” and “500 won per day” as “C” in the name column, “F” and “Seoul City City G” in the name column of the transferor, “C”, “F” and “C” in the resident registration number column and “C” in the name column of the transferor, and indicated “D” in the name column of the transferee, and affixed “D” with the Defendant’s seal affixed at his own discretion to the name column, and affixed “40,000 shares continuously,” and “50 won per day” in the column of the transferor’s name. The Defendant stated “H” in the name column and stated “C” as “B” and then affixed the copy of the “stock transfer and takeover contract” in the name of the transferee to exercise the rights and obligations of the said C.

B. On August 10, 2010, the Defendant stated “C”, “F”, and “Seoul City, Dobong-gu G” in the name column of the transferor’s name by using a computer on the paper of “tax base return on tax base of transfer and the name of the transferor,” and entered “C” in the reporter’s column and name.