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Defendant shall be punished by a fine of one million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
1. Around July 31, 2013, the Defendant forged a private document: (a) at the C office of the Defendant’s management company located in Jinju-si, Jin-si; (b) at the time of transfer of D’s shares to the past D, the Defendant kept D’s seal affixed to D at the time of transfer of D’s shares to the past D; (c) notwithstanding the absence of delegation of authority to transfer D’s shares by means of a computer, the Defendant prepared a written contract stating that D’s shares will be transferred to E with KRW 1500,000,000,000 of the shares of the said company held by D as “D” and “E”, and then arbitrarily affixed the seal of D at the location where the name of the transferor was indicated “(s)” adjacent to D.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the share trading contract in the name of D, a private document related to rights and obligations.
2. On July 31, 2013, the Defendant: (a) at the Jinju Tax Office located on 15, 908, Jinju-si, Jinju-si; and (b) through the employees of the F Jinju Branch, a tax accounting corporation that is responsible for the tax of the said stock company C, the Defendant submitted a forged name purchase and sale contract to a tax official who works for the said tax office, as described in the preceding paragraph; and (c) reported the change in stocks C of the stock company.
Accordingly, the Defendant exercised one copy of the share trading contract in the name of D, which is a forged private document on rights and obligations.
Summary of Evidence
1. Legal statement of the witness D;
1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);
1. Statement made by the police against D;
1. Complaint;
1. A copy of a written notification and a certificate of contents;
1. A copy of a share trading contract (1,000 shares), or a copy of a share trading contract (1,500 shares);
1. A copy of a certificate of all registered matters;
1. Copy of minutes of a temporary general meeting of shareholders;
1. A copy of the current status of changes in stocks;
1. As to the Defendant’s assertion on the investigation report (to hear the suspect’s telephone statement), the Defendant “D shares are trusted in the name of the Defendant to D, and D acquires and acquires them from the Defendant.