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(영문) 의정부지방법원 고양지원 2017.06.29 2017고단1158

사기호위조등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is the representative of the Export Packing Co., Ltd., Ltd. (hereinafter referred to as “E”) in the Dong-gu Seoul Metropolitan City, Gyeonggi-do.

1. On November 2015, the Defendant, for the purpose of exercising his authority, forged one sign of disinfection treatment of the said FF FF FF FFF corporation, in a manner of manufacturing and receiving a seal with the same seal as that of the FF corporation’s disinfection treatment mark (G) from the Agricultural and Forestry Quarantine Headquarters, without authority, by commissioning it to a disinfection manufacturer, and, during the period from around that time to August 2016, when manufacturing the boxes of wood packaging materials in the above E, the Defendant used the forged disinfection treatment mark at least ten times a month after signing it as if the said marks were duly established.

2. On September 2016, the Defendant, without authority, manufactured, in the same manner, a seal with the same seal as H’s disinfection treatment mark (I) of the disinfection treatment entity that obtained approval from the Agricultural and Forestry Quarantine Headquarters for the purpose of exercising his/her authority, and forged one label of the above H’s disinfection treatment mark, which is the fraudist, and used by the Defendant, in manufacturing a box of timber packaging packaging materials in the above E during the period from around 10 to February 2017, and supplied it to the customer after signing the forged disinfection treatment mark as if it were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation issued by the director of the Seoul Regional Headquarters for Quarantine of Agricultural and Forestry Livestock Industry and the director of the Kimpo Airport;

1. A statement of F and J;

1. Applications for the use of the mark G of disinfection treatment and certificates of use of the mark I of the disinfection treatment;

1. Application of the Acts and subordinate statutes of wood packaging materials photographs indicating voluntary disinfection treatment marks;

1. Article 239 (1) of the Criminal Act (the point of Article 239 of the same Act) and Article 239 (2) of the Criminal Act concerning the facts constituting an offense (the point of exercising the above investigation marks);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the same type of crime)