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(영문) 수원지방법원 안산지원 2016.01.29 2015고정1276

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. C is a substantial operator of medical corporation D, and the defendant A is a person who served as the president of the above foundation.

In order to borrow a business operator’s name for the operation of the above D shop, the Defendant: (a) forged a letter of confirmation on the transfer of KRW 500,000 to F, who is the Defendant’s scambling, in order to borrow the business operator’s name for the operation of the said D; and (b) committed with the Defendant’s intent to keep F as if he had limited the Defendant’s property status.

At around February 8, 2010, the Defendant and C indicated in the Medical Corporation D’s office located in G, Namwon-si around February 8, 2010 as “written confirmation” using a computer above, and in the indication column of the claim, “1. The transferee will pay to F the total amount of damages incurred by the transferor corporation A as a director of the said transferor’s company (from November 1, 2009 to December 31, 2010) within the limit of KRW 5 billion in the event that the transferor would receive the above amount of KRW 5 billion from the transferor’s company, the transferee will be paid to F in preference to all damages incurred by the transferor corporation A as a director of the said transferor (from November 1, 2009 to December 31, 2010).

2. If the money received from the above obligor fails to preferentially pay the above damages, I shall be held liable for all civil and criminal charges.

After entering into and printing out “E” as above, the documents were kept in custody.

E’s seal was affixed next to the E’s name.

Accordingly, the Defendant, in collusion with C, forged a letter of confirmation in the name of E, a private document related to rights and duties for the purpose of uttering.

2. On August 28, 2013, the Defendant’s event of the above investigation document at the Suwon District Court’s public service center in Ansan-si, a copy of a forged E name verification as stated in the above paragraph 1, shall be submitted to the staff in charge of Ansan-si, the Suwon District Court, who is not aware of the fact, as a document attached to the complaint.