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(영문) 수원지방법원 2018.06.05 2017고단6157

사문서위조등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as a director of D Co., Ltd., a subcontract agreement with D Co., Ltd., the Defendant, was paid the construction price directly from G to the ordering person, on the ground that E (Representative F) was not paid the construction

At the request of the company G, the company was willing to forge a direct payment agreement with the subcontract price in the name of G.

A. On July 19, 2016, the Defendant forged a private document by using a computer to pay the subcontract price directly to the sewage supplier in the following account at the office of the Co., Ltd. D office in Suwon-si, Suwon-si, H2, for the purpose of uttering. The ordering person shall pay the subcontract price directly to the sewage supplier in the following account.

On August 5, 2016, the date of the payment of KRW 74,800,000, the date of the first 74,800,000 was completed within seven days after the date of the second 74,80,000, and on July 19, 2016, three copies were printed out on July 19, 2016, and at the office of G Co., Ltd with the client G representative in J with the address population J, the above representative director of the corporation is required to affix his seal in preparing documents necessary for the permission, etc.

Accordingly, the Defendant forged three copies of the subcontract consideration agreement in the name of G Co., Ltd., a private document on rights and obligations.

B. On July 2016, the Defendant exercised two copies of the agreement on direct payment of the subcontract consideration, which was forged, as described in paragraph 1, at the office of the E-office located in Ansan-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City. The Defendant held two copies of the agreement on direct payment of the subcontract consideration.

2. Determination

A. The burden of proof of the facts charged in a criminal trial is that the prosecutor bears the burden of proving the facts charged, and that the conviction is true to the extent that there is no reasonable doubt by the judge.