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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On February 11, 2014, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dangerous Driving Death and Injury) at the Changwon District Court, and the said judgment was finalized on February 19, 2014.
The Defendant, who had operated the construction machinery leasing business with the "D" in Busan Jin-gu, was unable to operate the business any longer due to tax payment problems, and was able to change the name of the business in his name by using the victim E’s seal and certificate of personal seal.
1. On June 10, 2009, the Defendant forged a private document, using the Busan Jindo Office written application for the registration of business in Busan, the Busan, the Jindo Office, which is located in 23, the Jindo Office, for the registration of business, entered the “F”, “E”, “G”, “H” in the resident registration number column, “H”, “E” in the business status column, “E”, and marked the applicant’s name and seal attached to the E’s name.
For the purpose of exercising, the Defendant forged a business registration application 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) and exercised the title of business registration as if the application for the registration of a forged business was duly formed, as the above, to an employee who was unaware of the forgery and could not know the name of the above Busan High Tax Office.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement to E by the police;
1. An application for business registration;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the facts constituting an offense, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 231 of the Criminal Act, and the choice of imprisonment with prison labor;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 37 of the Criminal Code among concurrent crimes.