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(영문) 부산지방법원 2015.05.01 2014고단10091
사기호위조등
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who produces and sells wood packaging materials for export with the trade name of (State)C;

The wood packaging materials for export should be marked with the disinfection treatment mark approved by the Agricultural and Forestry Quarantine Headquarters through heat processing, and the defendant has arbitrarily manufactured and used the disinfection treatment mark in order to show that the heat-treated wood packaging materials have been finished as if he/she had finished heat processing.

On June 2014, the Defendant produced a rubber mark indicating "F" in the same shape as "F" with the permission of the aforementioned E in the manufacturing company near the Gangseo-gu Office of Gangseo-gu, Busan, using the seal of the disinfection treatment mark that he reported the use of it to the Agricultural and Livestock Quarantine Quarantine Headquarters at the Gyeongnam Kim-si, which requested heat treatment of ordinary timber.

Accordingly, for the purpose of exercising, the Defendant forged a disinfection treatment mark reported by E, which is another person’s mark.

2. On June 2014, the Defendant posted a forged disinfection treatment mark on approximately 120 of the wood packaging materials for export, which was not heat treatment in Gangseo-gu Busan Metropolitan City (State) G, and supplied it to H, which is a customer in the city of Gyeongwon-si, Gyeongwon, as stated in paragraph (1), as if he completed heat treatment.

Accordingly, the defendant exercised a forged symbol of another person.

Summary of Evidence

1. Defendant's legal statement;

1. Request for investigation, a detailed statement of detection, indications and photographs of illegal disinfection treatment marks, and report on the results of detection of illegal matters;

1. Application of Acts and subordinate statutes to certificates, certificates of registration for export and import timber heat treatment business, certificates of use of disinfection treatment marks, and certificates 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 (1) of the Criminal Act;

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

1. The reflection of Article 62 (1) of the Criminal Act, the age of the defendant, etc.;

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