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(영문) 인천지방법원 2017.05.12 2017고단1481
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant forged private documents, using an opportunity to copy the contract prior to entering the name of the transferee F in the process of preparing a share transfer contract that takes over only 10,00 shares of G stock company G on June 26, 2014, stating “A”, “H”, “Y”, “Seoul Dong-gu D, 1102” in the part of the transferee of the copy, and affix the Defendant’s seal next to that name.

On June 26, 2014, the Defendant: (a) received 10,00 shares of G Co., Ltd. (50% of issued shares) that had built the J Hospital building from E from Jeju City; (b) and (c) the Defendant was a joint representative director of the said company; (d) was dissatisfied with the Defendant’s co-representative of the said company’s co-representative of the said company’s co-representative; and (c) he and F forged a copy of the share transfer contract in the name of E, a private document concerning rights and obligations, with the intent of gathering awareness of 100% of the said company’s shares; and (d) he and F, with the intent of gathering awareness of 10%

2. On June 17, 2016, the Defendant: (a) submitted a forged stock transfer contract to a tax official who is aware of the forgery in the Nam-gu Incheon, Nam-gu, Incheon, which was located in 548, as if the said investigation document were a document; and (b) exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. Each investigation report (the receipt of additional documents submitted by a complainant and the specification of the date of forgery of the contract);

1. Application of Acts and subordinate statutes to the tax base return and payment invoice of capital gains;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment prescribed in the crime of conspiracy of the relevant investigation documents heavier than the quality of the crime);

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

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