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(영문) 광주지방법원 2018.05.04 2018고정356
사문서위조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On October 20, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Gwangju District Court Branch Branch on October 15, 2017, and the judgment became final and conclusive on November 15, 2017. On January 10, 2018, the Defendant was sentenced to seven months of imprisonment with prison labor at the Gwangju District Court for criminal fraud, and the judgment became final and conclusive on January 18, 2018.

[Criminal facts]

1. From November 30, 2016 to May 30, 2016, the Defendant forged a private document in the column of “official mission” among the subcontracting terms in the form of “written subcontract payment (direct payment)” that he received from B on the following mail from B, and signed a seal imprint on the column of “C” in the “contract amount” column of “Franchi, KRW 825,000,000,000,000 in daily gold,” and the “contract term” column of “C” in the “contractor” column of “F 01 December 01, 2016 to May 30, 2017” and “C” column of “contractor” with the name of the representative of “A” and “DD ” attached his seal imprint at will to “A” next to the said Defendant’s name.

Accordingly, for the purpose of exercising the right and duty of others, the Defendant forged the Chapter C Co., Ltd. “Written Agreement on Direct Payment of Subcontract Price” in the name of the Co., Ltd.

2. At the date stated in paragraph 1, the Defendant, at F’s office, presented a forged “written agreement on direct payment of subcontract consideration (direct payment)” to F, as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of a written agreement on the direct payment of the subcontract price;

1. Previous convictions indicated in the judgment: The defendant's legal statement, inquiry letter, criminal history, etc., a copy of a written indictment for an investigation, application of Acts and subordinate statutes to report on an investigation (case among suspect trials);

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Each selective fine for punishment;

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