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(영문) 수원지방법원 성남지원 2013.07.12 2012고단2388

사문서위조

Text

The defendant is innocent.

Reasons

1. Facts charged;

1. Around July 2008, the Defendant, at the Defendant’s house located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, by using a computer, prepared and printed the specifications as “D Corporation”, “Facilities Work”, “E: F” in the name column, and “NE: F” in the construction fee column, indicated as “NEGO: 5,00,000,000” in the construction fee column, and affixed the seal of E at will on the side of the above E.

Accordingly, the defendant, for the purpose of uttering, forged a statement in the name of corporation E, a private document on rights and obligations.

2. On July 11, 2008, the Defendant, using a computer at the Dong-dong Construction Site Office located in G at the Government-si, prepared and printed out “H Corporation” in the name of the Corporation, “F 500,500,000-)” in the column for the change of the construction amount, “F ” in the subcontractor’s column, and “company name: E (ju) and representative:F” in the above F’s column, and affixed a new E seal at will.

Accordingly, for the purpose of uttering, the Defendant forged a letter of agreement in the name of E, a private document on rights and obligations.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence examined by this court, E is deemed to have delegated the Defendant with the authority to conclude a contract on H Corporation and D Corporation incidental thereto and to receive the price. Thus, the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant forged the above specifications and written agreement without authority, and there is no other evidence to acknowledge this otherwise.

① The Defendant, as he well-knowns the representative director and employees of the same subparagraph construction company, proposed that he would receive a contract for construction from the same subparagraph construction company, and E, upon introduction by the Defendant, had the H Corporation (hereinafter “H Corporation”) during the construction period from December 17, 2007 to March 10, 2008, between the same subparagraph construction company and the same subparagraph construction company (hereinafter “H Corporation”) as the introduction by the Defendant. < Amended by Act No. 8817, Dec. 17, 2007; Act No. 500, May 500, 200>