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(영문) 광주지방법원 2017.11.17 2016고단5239
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 8, 2014, the Defendant served in the company G established by C for the purpose of wholesale and retail business of building materials in Gwangju-gu, Gwangju-gu, and suggested C, the representative director, to register the Defendant as representative director, in order to obtain a loan from the bank, and received a proposal from C to register the Defendant as representative director on January 8, 2015, the Defendant used to transfer 480 shares of the said company owned by C to himself/herself, and had the intent to forge the relevant documents.

1. Counterfeiting a private document on the contract for transfer of stocks and exercising a falsified inspection document;

A. Around January 8, 2015, the Defendant forged a private document, possessed in advance at the F judicial scrivener office located in Seo-gu, Gwangju, Seo-gu.

C’s seal imprint certificate and seal imprint certificate to the employees of the above certified judicial scrivener office, while stating that C transferred the shares to the Defendant, the Defendant and C request the said employees to prepare a contract for stock transfer between the Defendant and C, and thus, the said employees to “share transfer and acquisition of shares”, “the name of the Company G, the location of the head office: 480 shares: 480 shares in Seo-gu in the Gwangju Metropolitan City, Seo-gu, Gwangju Metropolitan City, and the number of transferred shares: 10,000 won: 4,800,000 won;

1. The transferor shall assign the shares to the assignee, and the assignee shall consent to the transfer.

2. In the performance of the above contract, the transferor and the assignee shall not rescind the contract for any reason after the conclusion of this contract, and shall compensate 1.5 times the value of the transfer under this contract at the time of non-performance of the contract.

3.For the purpose of clarifying the above contract, two copies of this contract shall be prepared and kept in one copy.

On January 8, 2015, the transferor: C and transferee: read “A” and read “A” to output two copies of the share transfer agreement and to prepare two copies of the share transfer agreement by affixing C’s seal on each side of the name C.

However, in fact C does not transfer the shares of G Co., Ltd. to the defendant.

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