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(영문) 서울중앙지방법원 2012.01.18 2011고정2338
사문서위조 등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a representative director of E Co., Ltd. to forge private documents.

In fact, while settling the partnership relationship with F, the Defendant only delegated the F with the authority to conduct the business of F to (State) E, and the F prior to the establishment of E, did not intend to receive the outstanding claim against the customer of F with the “E” that the F had operated as an individual company, but did not intend to forge the F’s notice of the acquisition of the claim in F name.

On April 19, 2010, the Defendant, at his own discretion, prepares a notice of credit transfer at the (ju) office located in Yeongdeungpo-gu Seoul Metropolitan Government on April 19, 2010, stated in the indication column of the claim, “FF, Yeongdeungpo-gu Seoul Metropolitan Government (Won 127,249,700 won)”, “E representative, G” in the credit transferee column, “H representative, A representative director, and Yeongdeungpo-gu Seoul Metropolitan Government G” in the credit transferee column, “H representative I return to the receiver,” and “YJ in Jung-gu Seoul Metropolitan Government on March 29, 2010” respectively, and in the content column, “F and the credit transferee (HE)E, the assignee of the said claim, entrusted all all of the measures taken by the transferor on March 29, 2010, and HI, the receiver, in transactions with the transferor, arbitrarily sealed the amount of the claim to be paid to the transferee, and then made the transferee’s name, “F 127,27,27,000 million won.

Accordingly, for the purpose of uttering, the Defendant forged a letter of credit acquisition notice in F, a private document related to rights and obligations.

2. On April 19, 2010, the Defendant sent one copy of the notice of the acquisition of forged claims at a post office located in Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu, Yeongdeungpo-gu, by content-certified mail as if he were duly formed.

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