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(영문) 대구지방법원 2017.02.16 2016고단6037
사문서위조
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

B From around March 3, 2015, while constructing a convalescent hospital under the name of D Hospital in Cheongdo-gun, Cheongdo-gun, Gyeongdo-gun, the Defendant entered into a construction contract with E and D Hospital from around March 3, 2015, and the Defendant is a senior executive director of F&A, a D hospital construction company.

B concluded a contract for civil engineering works, such as sewage and tin axis, of a hospital, to G around 2014, and G did not receive some of the price even after completion of the said construction, it exercised a lien at the construction site of a hospital.

B and G were at the construction site of the above D Hospital on April 2015, 2015.

G within the container, the defect that G provides B with a letter of payment that pays 65 million won, such as the cost of construction, and that E, a contractor, will leave the site of construction, and that B, stating B’s resident registration number and address, and entered B’s resident registration number and address in each letter of payment written by G, which was prepared by G, at the above construction site.

The Defendant stated in the column of the guarantor of the letter of payment that G would make payment for KRW 65 million, such as the construction cost, and request E, the contractor, and that B would make payment for KRW 65 million to G as he will undertake the new construction of the D Hospital, and that B would make payment for KRW 65 million, as he will undertake the new construction of the D Hospital, the Defendant was in possession of the document of payment in advance.

E’s seal imprints.

Accordingly, for the purpose of uttering, the Defendant forged a letter of payment in the name of J, which is a private document on rights and obligations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in B or K;

1. Statement made by the police in relation to L or G;

1. Payment note (Counterfeited document);

1. Application of Acts and subordinate statutes to an investigation report (a contract document, etc.);

1. Relevant Article 231 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70 of the Criminal Act to attract a workhouse.

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