A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 17, 2017, the Defendant submitted a written complaint to the public service center of Pyeongtaek-si 1040 to the effect that “A would be punished because he/she forged or uses a trade contract under the name of the Defendant.” In the police investigation process on July 26, 201, the Defendant submitted a statement to the effect that “The Defendant, based on the personal information of the Defendant stated in the contract for the sale and purchase of new agricultural machinery, forged the contract without authority, and submitted it to the ordinary site source for use.”

However, on August 10, 2016, the Defendant: (a) sold used agricultural machinery to C and purchased new agricultural machinery from C; and (b) prepared a written contract under the name of the Defendant on the condition that C additionally pays KRW 80 million to C; and (c) thus, it was recognized that the said written contract was not a forged document by a person who is not authorized to do so.

Accordingly, the defendant had the above C with the aim of having the above C punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a complaint, a copy of a counterfeited trade contract, and an appraisal report;

1. Article 156 of the Criminal Act and the choice of punishment against the crime;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommended sentencing guidelines on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act shall be one month to one year (a confession), and the sentencing shall be determined in consideration of the fact that the defendant has no criminal history exceeding the fine.