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(영문) 대전지방법원 2014.06.13 2013고단4731

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On November 12, 2012, the Defendant was sentenced to a suspended sentence of one year and four months for fraud at the Daejeon District Court on November 12, 2012, and the judgment became final and conclusive on November 20, 2012, and on November 25, 2013, the same court was sentenced to a suspended sentence of ten months for imprisonment with labor for the act of forging private documents, etc., and the judgment became final and conclusive on December 3, 2013.

On December 21, 2010, the Defendant concluded a D apartment construction contract executed by C Co., Ltd., and agreed to pay 500 million won in cash to E, who is the actual operator of the said C Co., Ltd. by January 25, 201.

While the Defendant was unable to implement the agreement by the above payment date, the Defendant was accused of fraud from F, a creditor of the Defendant, and the Defendant was in custody of the employees of the said company with respect to the permission for commencement of the construction, and the Defendant was willing to prepare an apartment supply contract in the name of the said company and to request F to provide it as a security and to cancel the complaint.

On February 17, 2011, the Defendant drafted two copies of a supply contract under the name of the said company, which provides D 101, 301, 101, 302, and 101, and 302, respectively, at the office of the Defendant in Daejeon-gu Daejeon-gu Seoul Metropolitan Office, and entered the seller as “C representative director H” and affixed two copies of the supply contract under the name of the said company, which was kept by the said Defendant, and issued two copies of the forged supply contract to F as if it were duly formed at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. One time against the accused, and a protocol of examination of the suspect of a part of the prosecution (including parts of the F, I, and E);

1. Protocol concerning the examination of suspect concerning I by the prosecution;

1. Statement by the prosecution or police of F or I;

1. Each D supply contract;

1. Investigation report (each letter of submission of witness E);

1. Previous records: Application of the Acts and subordinate statutes concerning inquiries into each judgment and final and conclusive dates;

1. Each relevant Article of the Act concerning criminal facts;