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(영문) 서울중앙지방법원 2016.06.28 2015고단6259
사문서위조등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 3, 2013, the Defendant was the owner of D, the complainant, and the owner of E Co., Ltd. (hereinafter “E”) subcontracted the F Multi-household Construction Corporation (hereinafter “E”) from the above E’s representative G with the construction of a new apartment house in the Gyeonggi-gu Gyeonggi-do, the construction of the instant construction project. Although the Defendant was permitted to submit documents related to the instant construction project from the said G to the government office, the Defendant was free to enter the said D in the contract concluded in the course of re-subcontracting part of the instant construction project or receiving materials related to the construction, despite having been allowed to use the said D seal.

A. On February 20, 2014, the Defendant, at the office located in Gwangju City, prepared a summary statement stating that the Defendant would receive materials for wood works in an amount equivalent to eight million won from the above “H” office in Gwangju City. At the bottom of the above agreement, the Defendant forged the agreement by affixing the seal of the said D, which was printed and stored in the printed portion of “project owner D” in the joint guarantor column at the bottom of the above agreement, and then delivered the forged agreement to the person whose name of “H” could not be known, regardless of the circumstances.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the material supply agreement in the name of D, which is a private document concerning rights and obligations without authority, and held that such forged agreement was genuinely formed by the parties who are not aware of the fact that the name of “H” was not known.

B. (State) On February 2014, the Defendant: (a) drafted a subcontract agreement with the Defendant to re-subcontract the creative construction of the instant construction work to (State) 40,90,000 won in the “K cafeteria”); (b) stated “D”, “L”, and “F” in the joint guarantor column at the bottom of the said subcontract agreement; and (c) kept in advance next to the said D.

D’s seal.

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