(영문) 인천지방법원 부천지원 2009. 1. 16. 선고 2008고정237 판결[사문서위조·위조사문서행사][미간행]
Defendant
Maap Amendment
Public-service advocates Kim Jong-joon
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.
In order to order the provisional payment of an amount equivalent to the above fine.
On November 28, 2007, the Defendant was sentenced to a suspended sentence of one year at the Suwon District Court for the purpose of fraud, etc. on August 28, 2007, and the said judgment was finalized on February 14, 2008, and Nonindicted 2’s seal, who is an employee who is an employee who has been instructed to demand the overdue wages from Nonindicted 1, in his name, prepared a confirmation document stating that Nonindicted 1 interfered with the Defendant’s business, and sentenced Nonindicted 1 to file a complaint.
1. Forgery of private documents;
On May 28, 2007, in collusion with Nonindicted Co. 4, a management director of Nonindicted Co. 3 without authority for the purpose of exercising the right at the office (number omitted), Nonindicted Co. 4, a management director of Nonindicted Co. 3, without authority, prepared a draft of confirmation of facts in the name of Nonindicted Co. 4, and Nonindicted Co. 4 used Nonindicted Co. 2’s name and stored Nonindicted Co. 3’s seal on the basis of the following facts: “On April 5, 2007, Nonindicted Co. 1 and 3, on the basis of the fact-finding certificate and Nonindicted Co. 4, on April 5, 2007, when both Non-Indicted. 1 and 3, have come into the spot warehouse of Nonindicted Co. 3, Ltd., Ltd., Ltd., and requested to take an on-site photo, etc., but refused the request and interfered with business for two hours, and confirmed that Nonindicted Co. 5 would have damaged the reputation of the company as a malicious person on the Internet bulletin.”
Accordingly, the Defendant, in collusion with Nonindicted 4, forged one copy of the confirmation of fact in the name of Nonindicted 2, which is a private document regarding the certificate of fact for the purpose of uttering.
2. Uttering a falsified investigation document;
On May 30, 2007, the Defendant filed a complaint with the public official in charge of civil service who is unable to know his name in the Incheon District Public Prosecutor's Office's Office located in the Dong-dong, Seocheon-gu, Seocheon-gu, Incheon District Public Prosecutor's Office due to business obstruction, etc., and issued the forged confirmation document as if it were duly constituted, and exercised it.
1. Part of the witness’s legal statement
1. Copy of the prosecutor’s statement concerning Nonindicted 2
1. A copy of the prosecutor’s statement concerning Nonindicted 4 (including Nonindicted 2’s statement)
The defendant and his defense counsel asserted that the defendant and the non-indicted 4 made the confirmation document of this case with the consent to the preparation of the confirmation document by making a telephone call with the non-indicted 2, but as revealed by the evidence revealed in the above, since the non-indicted 1 et al. left the warehouse and did not know about the obstruction of business as stated in the confirmation document and stated that the non-indicted 1 et al. did not consent to the entry of the obstruction of business in the confirmation document, it is recognized that the defendant prepared the confirmation document of this case with the content that the non-indicted 2 et al. interfered with business without the consent of the non-indicted 2, and this constitutes a private document violation of the non-indicted 2's intention, and therefore the above assertion is without merit.
1. Relevant Article of the Act and the choice of punishment for the crime;
Articles 231, 30 (Influence of Private Document), 234, and 231 (Influence of a fine for negligence) of the Criminal Act (Influence of Exercising Private Document)
1. Handling concurrent crimes;
The latter part of Article 37 and Article 39(1) of the Criminal Act
1. Aggravation of concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Invitation of a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Judges Kim Jong-woo