Text
A defendant shall be punished by imprisonment for six months.
However, 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
On June 15, 2012, the Defendant was sentenced to imprisonment of one year and two months for fraud in the Suwon District Court Pyeongtaek Housing Site, and the judgment was finalized on January 22, 2013.
1. On July 23, 2012, the Defendant: (a) around 23:00 on July 23, 2012, entered in the share acquisition agreement and the subsidiary agreement, “A share acquisition agreement shares 225,000,000, which are owned by D shall be transferred to five billion won; and (b) affixed a seal of E, which was kept in advance on the name next to the E’s name.
Accordingly, for the purpose of uttering, the defendant has forged a share acquisition agreement and a subsidiary agreement in the name of E, which is a private document on rights and obligations.
2. The Defendant, at the time and place specified in Paragraph 1, exercised the forged share acquisition agreement and the attached agreement, respectively, to D, who is aware of the forgery.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each prosecutor's office and police interrogation protocol for F, G, D, H, and E (including a substitute);
1. Contracts and annexed agreements on acquisition of stocks;
1. Copy of the examination record of witness;
1. Investigation report (D Call statement hearing report);
1. Before the judgment: The inquiry results, the defendant and his defense counsel affixed the E’s seal in the instant share acquisition agreement and the attached agreement, but they are acts in accordance with the authority delegated in advance by E. However, according to the evidence duly adopted and examined by this court, the defendant and E discussed about D, F’s management plan, business promotion, and business takeover in relation to the L/C-based I site execution project from May 8, 2012, the defendant, and E discussed about the issue of share acquisition in the instant share acquisition agreement and the attached agreement from July 23, 2012.