(영문) 대전지방법원 천안지원 2014.10.07 2014고정709

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(영문) 대전지방법원 천안지원 2014.10.07 2014고정709

사문서위조등

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

Criminal facts

1. On February 4, 2013, the Defendant: (a) at the office of the C&A company in the B&A in Boan City, on February 4, 2013, the Defendant did not notify the Defendant of the fact that the remaining term payments were to be paid to the side of the D company; and (b) made a D company, which is unaware of the circumstances, enter the remaining term payments into the “E” column at the bottom by using a computer as if the E would have paid the remaining term payments to E; and (c) subsequently, the Defendant posted the E seal prepared in advance in the name of E.

Accordingly, for the purpose of uttering, the Defendant forged a direct payment agreement of subcontract consideration in the name of E, which is a private document on rights and obligations, and displayed a forged subcontract consideration direct payment agreement to F, which is not aware of the fact, as if it were genuine.

2. On February 5, 2013, the Defendant: (a) at the office of the C&A company in the B&A in Boan City, on February 5, 2013, the Defendant did not notify the Defendant of the fact that the remaining term payments were to be paid to the side of the D company; and (b) did not know of the fact that it made a “direct payment of subcontract payments (direct payment) agreement; (c) stated the “E” in the “person ordering” column at the bottom by using a computer and printed out the remaining term payments to E; and (d) subsequently, the Defendant affixed the E seal prepared in advance to E’s name.

Accordingly, for the purpose of uttering, the Defendant forged a direct payment agreement of subcontract consideration in the name of E, which is a private document on rights and obligations, and displayed a forged subcontract consideration direct payment agreement to G, which is aware of that fact, as if it were actually formed.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the defendant (including H's statement part);

1. The police statement of H;

1. A written agreement, each commercial building lease agreement, and

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