(영문) 서울서부지방법원 2015.05.27 2014고정1935

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.05.27 2014고정1935

사문서위조등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who was in charge of C's position as the representative director of E, F and G in Mapo-gu Seoul Metropolitan Government D.

1. On April 2013, the Defendant: (a) attempted to forge a share transfer contract under the name of C at the office of a stock company E with the fourth floor of Mapo-gu Seoul Metropolitan Government DD Building; and (b) forged three copies of the share transfer contract under the name of C, a private document, without authority, with the intent of having the employees in charge of accounting of the said company enter the said company’s 41,000 shares in KRW 20,000; (c) KRW 5,000,000 of shares of G Co., Ltd.; (d) KRW 14,000 of shares of Co., Ltd.; and (e) KRW 5,00,000 of shares of Co., Ltd. at KRW 18,00,000; and (e) stated the name column of the transferor of each share transfer contract as “C” in the name of each transferor of each share transfer contract; and (e) affixed the seal of C prepared in advance

2. On April 19, 2013, the Defendant: (a) knew that three copies of the forged stock transfer contract was forged at the place indicated in the preceding paragraph; (b) had the above H, who knew such fact, deliver three copies of the forged stock transfer contract to the person who was unaware of the name of the employee of the accounting office as if the three copy of the forged stock transfer contract were genuine; and (c) exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. Investigation report (related to attachment of forged transfer or acquisition agreement);

1. The register of shareholders and text messages;

1. The application of Acts and subordinate statutes to a recording book (a record No. 2);

1. Articles 231, 34(1), and 31(1) of the Criminal Act (the fact of aiding and abetting private documents), Articles 234, 231, 34(1), and 31(1) of the Criminal Act (the fact of uttering of private investigation documents) of each of the relevant laws concerning criminal facts, and the selection of fines;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

참조조문