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(영문) 수원지방법원 성남지원 2016.09.02 2016고단1458

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in the name of “E” in C and Songpa-gu Seoul Metropolitan Government D, was a person who operated a functional new sales business as a partner of the business, and even if C has jointly invested an amount equivalent to KRW 50 million at the time of the business, he was willing to forge a contract for the same business in order to see profits in the course of settlement of accounts at the time of the business being operated by reducing the amount of investment to KRW 40 million.

On February 2, 2012, the Defendant: (a) at the office of “G” operated by the Defendant in Songpa-gu Seoul, the Defendant entered into the following contracts to jointly distribute profits arising from the operation of the business by using a computer; (b) “business type: functional identification and functional health food, address: Songpa-gu Seoul Metropolitan Government I, A (B), A (A) and C (B)” in the main sentence of the “business type” and “I” in the main sentence of the “G office operated by the Defendant in Songpa-gu, Seoul, with the aim of jointly distributing profits arising from the operation of the business. Article 1(A) of the Act confirms that the Defendant was jointly investing KRW 40,00,000 in cash (including house period and facility cost) and KRW 40,00,000 in cash (including house period and facility cost); (c) at the time of settling the account once a month; (d) on February 1, 2012, he/she arbitrarily prepared and sealed the name and address of the business partner at his/her own address;

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the partnership agreement in the name of C, a private document on rights and obligations (hereinafter “instant partnership agreement”).

2. Uttering a falsified investigation document;

A. On February 18, 2013, the Defendant sent a content certificate to C by a person who was requested by the Seongbuk-gu post office located in Seongbuk-gu, Sungnam-si to settle investment funds, and sent the content certificate to C, as stated in paragraph (1). As such, the Defendant completed the same business contract with the name of forged C, as stated in paragraph (1).