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(영문) 부산지방법원 2015.05.01 2014고단10087
사기호위조등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 criminal defendant is a person who produces and sells wood packaging materials for export with the trade name of 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 July 2014, the Defendant, who requested the heat treatment of Pyeongtaek-gu in Busan, was using the seals of the disinfection treatment marks that he reported to use in the Agricultural and Livestock Quarantine Quarantine Headquarters. On July 1, 2014, the Defendant manufactured a rubber of the disinfection treatment mark "KR-3026 MB(AJ-006)" in the same shape as it is used in the printing office located in Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si with approval.

Accordingly, for the purpose of exercising, the Defendant forged a disinfection treatment mark, which was reported to be used by the owner of another person, as a symbol.

2. From the beginning of August 2014 to the lower end of September 2014, the Defendant: (a) placed a forged disinfection mark on around 80 of the wood packaging materials for export in Busan Gangseo-gu, on the basis of the completion of heat treatment between the first and the lower end of September 2014; and (b) supplied it to the (c) third party, who is a customer in Busan Seo-gu, with the seal of a forged disinfection mark as prescribed in paragraph (1).

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Application of the Acts and subordinate statutes reporting the detection details and investigation results;

1. Article 239 (1) and (2) of the Criminal Act applicable to the relevant criminal facts;

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

1. Although there is a history of the same kind of crime under Article 62(1) of the Criminal Act, it is against the wrongness, and thus, it is likely that the same crime will not be committed in the future.

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