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(영문) 창원지방법원 2015.09.23 2015고단22
사기호위조등
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

1. The defendant is a person who operates a timber packaging company for export with the trade name (State D) in Gangseo-gu Busan Metropolitan City;

On July 2014, the Defendant, at the Chang-si, Changwon-si, Changwon-si, made one F, the mark of “E” approved and managed by the Agricultural and Forestry Quarantine Headquarters without authority, to make the wood boxes for export by deceiving that the quarantine had not been completed, and thereby forging the above E’s fraud.

2. The Defendant is the same from July 2014 to the same day.

D. From September 25, 200 to the bonded warehouse, “Seongnam-gu, Changwon-si, 1190” was removed from the bonded warehouse, as described in the foregoing paragraph 1, by affixing the F, a forged E disinfection completion mark, on about 50 occasions, to the wood boxes for export, and exercising forged fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, I, and J;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on the forged rubber photographs, the work photographs of wood packaging materials for export and the specifications of use of disinfection treatment marks;

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense and Article 239 (2) and Article 239 (1) of the Criminal Act of each of the same Act;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is not only impairing the general trust in the appeal of fraud, to externally lose the national confidence, but also disregarding the purport of the relevant provisions that require disinfection of wood packaging materials for export purposes.

However, the defendant reflects the mistake, and the defendant is punished as a minor fine once for a crime of this kind, considering the favorable circumstances that there is no other criminal records, and the circumstances of the crime of this case and the defendant.

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