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(영문) 부산지방법원 2019.07.11 2019고단1185
사기미수등
Text

As to the crime of forging private documents in the judgment of the defendant, a fine of KRW 1,00,00 is imposed, and the crime of uttering of a falsified document in the judgment.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to a two-year imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on July 1, 2015, and on June 15, 2018, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for embezzlement in the same court on June 15, 2018, and the judgment became final and conclusive on June 23, 2018.

The Defendant, who was registered as the representative director at the present time while substantially operating the name B in the name of the Defendant Company B, was requested by D as a pharmacist to perform the interior work of a pharmacy, etc., and prepared a standard contract for construction work on December 10, 2014 with D. However, in the construction amount of the said contract, the Defendant arbitrarily prepared a contract under the name of D stating the fact that the value-added tax was not specified in the construction amount of the said contract, and used it for the return of value-added tax, lawsuit, etc.

1. On January 1, 2015, the Defendant forged a private document under the title "project subcontract agreement for construction" using a computer at the office of the Defendant located in the Dong-gu Busan, Busan, and the office of the Defendant located in F, without authority, for the purpose of exercising the right, and affixed a seal of D voluntarily created by the Defendant in the name of the Corporation on the name of the Corporation: "In the name of the Corporation", "in the amount column: KRW 130,000,000 per day: KRW 13,000 per day (13,00,000 per day): KRW 11,000 per day (13,00,000)," "in the contract date, December 11, 2014," " Address H, representative: D", and "in the name of the subcontractor, address: Dong-dong, building F, company name: The name of the company (the name of the State, B, and C", and affix a seal attached to D's name.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the construction subcontract agreement in the name of D, a private document on rights and obligations.

2. On April 16, 2018, the Defendant at the office of the Defendant as described in the foregoing paragraph 1(1) and access to the electronic litigation site to “Plaintiff B representative director A, Defendant J, Defendant J, claim amounting to KRW 43,030,00, etc.

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