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(영문) 서울동부지방법원 2017.09.15 2016고단3402
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

A. The Defendant is a major shareholder of E Co., Ltd. (F) and G has been in charge of business affairs in the form of franchise with the above company.

H’s wife, the Defendant transferred 3,00 shares issued by E Co., Ltd. on October 12, 201 under G’s name.

1. Around early October 5, 2012, the Defendant agreed to transfer all shares of E Co., Ltd. 220,000 shares of E Co., Ltd. 178,200 shares of 220,00 shares and 178,200 shares of E Co., Ltd. and 178,200 shares, business licenses, business licenses and business licenses, and all goodwills to I Co., Ltd. (J). Around October 5, 2012, L Co., Ltd., who knows the fact at the office located in Songpa-gu Seoul, Songpa-gu, Seoul, with a computer, used the computer to “E Co., Ltd. (hereinafter the omitted),” the transferee column, “M”, “N, and Gyeonggi-do in the address column”, “M” 105-***** 105-Dong-dong’s shares transfer certificate in the printed paper, and had L Co., Ltd enter the name “G,” in the name “G,” “G,” column * Q.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a share transfer certificate in G name, which is a private document on rights and obligations.

2. On October 10, 2012, the Defendant exercised the aforementioned investigation document by having L, who is unaware of the fact, submit the certificate of transfer of the forged shares at the Yeongdeungpo-gu Seoul Metropolitan Tax Office located in 1-38, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to a public official of the tax office that is unable to know the fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry in each legal statement of H and G in the third public trial records;

1. Statement made by the prosecutor with respect to L;

1. A detailed statement on changes such as a certificate of transfer of stocks and stocks;

1. A standard return on securities transaction tax;

1. Application of the statutes on notification;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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