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(영문) 인천지방법원 2015.10.07 2015고단5110
사인위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who manufactures wood packaging materials for export with wood and operates a wood packaging industry chain, which supplies wood packaging materials to exporters, etc. after heat treatment is heat treatment from “H, etc. registered with the Agricultural and Forestry Quarantine Headquarters as a heat treatment company.”

The Defendant, by omitting heat treatment procedures, forged the seal of disinfection treatment marks used to prove that the Defendant carried out heat treatment disinfection work at the above “H” for the purpose of delivering the export volume according to the delivery deadline, and subsequently, attempted to affix the seal to the wood packaging material without heat treatment using the forged seal.

1. Around August 2015, the Defendant forged two seals of private disinfection marks (K) used in H with a view to putting about 7.5 cm wide on the left side of the rubber of approximately 3.5 cm long, without authority, for the purpose of exercising the trade name near the Seoul metropolitan area located in Gwanak-gu in Seoul Special Metropolitan City, and inserting approximately 7.5 cm wide on the left side of the rubber of approximately 3.5 cm long, and by inserting KR (Korean country code), code number, etc. on the right side.

2. From January 2015 to June 201 of the same year, the Defendant, the above investigator, arbitrarily sealed two seals of H’s disinfection treatment marks in a factory located in Seo-gu Incheon, Seo-gu, Incheon, in turn, to 51 wood packaging materials which were not treated heatly.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The list of seizure;

1. The detection site and relevant photographs;

1. Certificate of registration of export and import timber heat treatment business;

1. Application of the statutes to the application for the use of disinfection treatment marks;

1. Article 239 (1) and Article 239 (2) of the Criminal Act applicable to the facts constituting an offense (the occupation of an exercise which is a false investigation);

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

1. Article 62 (1) of the Criminal Act;

1. The defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act recognizes the crime.

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