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(영문) 창원지방법원 2014.10.17 2014고단2026
사기호위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” at the window C of Changwon-si for the purpose of wood packaging business.

In order to manufacture the wood packaging for the export product as requested, the Defendant manufactured the wood packaging with the legally opened and processed wood packaging material, and obtained the wood packaging material heat processing business mark (E) from the wood processing company (ju) wood disposal company on the finished product. However, when it is difficult to obtain the above disinfection treatment mark within the delivery date, the Defendant's arbitrary marking of the above disinfection treatment mark was applied to the finished product.

1. On May 2014, the Defendant made a rubber with a disinfection treatment mark containing the words “E” in the same shape as the use by a state-owned timber company at a painting box where the trade name in the truth-finding is unknown at the end of Kimhae-si, Kim Jong-si.

Accordingly, for the purpose of exercising the right, the Defendant forged the disinfection treatment mark that the Defendant reported to the phytosanitary agency by the (State) timber company, which is another person's sign.

2. On June 19, 2014, the Defendant used the forged disinfection treatment mark as described in the above paragraph (1) as if he were genuine and sealed the number of wood packages for export to be supplied to FF companies in the foregoing D (a 90cc, length 80cc, height 60cc) 10.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1 to 4, 7, and 8 to the evidence list submitted by the prosecutor

1. Article 239 (1) of the Criminal Act and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting the crime (a point of view by fraud);

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

1.Article 62(1) of the Criminal Act (i.e., confession and reflective nature);

1. Article 48 (1) of the Criminal Act of confiscation;

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