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(영문) 창원지방법원 2017.06.02 2017고단672

사문서위조등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant introduced D Co., Ltd. F (hereinafter “F”) to D as a contractor in the process of constructing a new building to Kimhae-si, Kimhae-si, and made D enter into a construction contract between F and D on February 2, 2015, and thereafter, F participated in the selection of subcontractor and the payment of construction cost.

On September 2015, the Defendant: (a) heard from D to F that he would pay the construction price in cash, not in cash, in bills, household checks, etc.; and (b) rejected it from F; (c) however, D was in need of data to have paid the construction price in order to obtain a payment for the said construction work from financial institutions; (d) the Defendant received bills, household checks, etc. from D and delivered it to D as the payment for the construction price; and (e) filled up a deposit sheet with D as if F had received the payment for the construction price from D.

1. On September 24, 2015, the Defendant forged a private document: (a) made out and printed out “H”, “F”, “G”, “300,000” in the sum column, “three million won in the sum column,” and “construction cost” in the content column; (b) marked out “G” and attached to “G” and “F’s employee reduction”, which was created in advance on the side of “I” and “I” on the deposit sheet column, in the business registration number column of the deposit sheet, using computers at the office of the construction site of the foregoing new building located in the Kimhae-si, Kimhae-si; and (c) marked out “G”, “I” and “I” on the date of preparation.

As a result, the Defendant, for the purpose of uttering, forged Chapter 1 of the deposit sheet in the name of F, which is a private document to prove the fact, and even from that time until June 7, 2016, set forth Chapter 15 of the deposit sheet in the name of F (35,000,000 won in total) as shown in the attached list of crimes in the same manner.

2. The Defendant has from September 24, 2015 performed the foregoing investigation document.