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(영문) 대전지방법원 2015.11.12 2015고단3188
사인위조등
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, as the actual operator of C, was not a heat processing company registered in the Agricultural and Forestry Quarantine Headquarters, and produced wood packaging materials from SamT Timber Co., Ltd., which completed the registration of heat processing company, and the Defendant, as to products with no disinfection mark, filed a complaint with regard to the situation that he/she should find the said third timber again and request to indicate the disinfection treatment mark, and then use the seals with which the said third timber disinfection treatment mark is inscribed.

1. On February 2, 2015, the Defendant, a private person, forged a private person by placing a seal "KR-23654, HT (SB-02)", a private person, for the purpose of using the disinfection treatment mark at his/her own discretion on the packaging materials of wood produced by the Defendant’s company at his/her trade name in the Daejeon-dong Movement, Daejeon-gu, Daejeon, for the purpose of displaying the disinfection treatment mark.

2. On February 2, 2015, the Defendant, at the time of the above-mentioned paragraph (1) of the same Article, used the above seal more than 10 times as indicated in the attached list of crimes from around May of the same year, from that time, after sealing the forged seal in a wood packing material produced by the above company as described in paragraph (1) of the above-mentioned Section (State) in the company of the Defendant located in Seo-gu Daejeon-gu, Daejeon, Daejeon, and then delivering it to the Customer.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A certificate using the disinfection mark;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of Details on Use of Seal);

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense (the fact of perjury) and Article 239 (2) and (1) of the Criminal Act (the point of exercising a counterfeited private person);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there are circumstances to recognize and reflect the criminal defendant, and that there are circumstances to consider the circumstances leading to the criminal act.

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