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(영문) 인천지방법원 부천지원 2016.08.12 2016고정786

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant made an invention of “B” and registered a patent under the name of the Defendant C on May 29, 2012. On April 18, 2014, the Defendant agreed to use the patent with D representative director E on April 18, 2014, and made a transfer registration of the above patent right and made a technical adviser from D.

In that sense, E had a mind to forge a transfer certificate in order to obtain a new transfer of the above patent right without fulfilling the agreed terms.

Therefore, the Defendant, upon request by the attorney-at-law office FF to obtain a patent right, received documents stating “transfer”, “A”, “B”, “B”, “D”, and “B5 February 25, 2016” as of the date of transfer, and then forged one copy of a transfer certificate, which is a private document, on the rights and obligations of D’s name, from the above transfer certificate GGD dormitory around February 25, 2016.

Then, the Defendant issued a forged transfer certificate to F without knowledge of the forgery at the same place as if it was actually established, and had F enter into an online presentation of the above transfer certificate to the Korean Intellectual Property Office on February 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with H and F;

1. Application of transfer evidence Acts and subordinate statutes attached to the written complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;