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(영문) 인천지방법원 2017.11.17 2017고단6660
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 operates D Co., Ltd. which manufactures tree boxes, etc. in Kimpo-si.

1. On December 2015, 2015, the Defendant forged a false name-free owner of a business, who is unaware of the fact, for the purpose of uttering in the painting box in Incheon Gyeyang-gu, for the purpose of uttering in the seal box, the Defendant forged a disinfection treatment mark [KR-20044, HT (KS-042)] of size 3 cm in size in size of 8cm and 3cm in length used for the certification of heat treatment of wood packaging materials exported and imported by the representative G of the heat treatment business chain F company.

2. On June 28, 2017, the Defendant exercised the above investigation symbol that was forged in the rubber type “KR-2044, HT (KS-042)” as described in paragraph (1) on a wooden box manufactured at the request of an exporting company from Yellow Sea Co., Ltd., an exporting company, and used a forged symbol by delivering it as genuine to the Yellow Sea Electricity Co., Ltd., Ltd., which is located in Nam-gu Incheon Metropolitan City, Incheon, on June 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a statement on the details of detection, and a statement on the confirmation;

1. A certificate of the use of the disinfection treatment mark, such as documents related to the trade of wooden boxes marked with a forged disinfection treatment mark;

1. Application of relevant Acts and subordinate statutes to field photographs (defication of forged marks of disinfection treatment) and forged disinfection treatment marks;

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

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment determined for the heavier punishment than the aggravated punishment);

1. The defendant's crime of sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is to not only impair the general trust in the authenticity of the marks, and to externally conceal the national confidence, but also to disinfect the packaging materials for timber for export.

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