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(영문) 창원지방법원 진주지원 2019.06.13 2019고단116
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor 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 the representative director of the Dispute Resolution Co., Ltd. in Jinju-si.

1. On October 15, 2015, the Defendant forged private document: (a) indicated “E” in the buyer’s name column, “F” in the resident registration number column, “F” in the address column, and “I” in the telephone number column; (b) stated that the shares 26,336 shares of the said company, which are the J-owned, are transferred to E, and then forged one copy of the E-registered shares sales contract, which is a private document on rights and duties, for the purpose of exercising the seal affixed to E, which is a private document on rights and duties, by having D, an employee who is aware of the fact, affix the seal to E.

2. The Defendant submitted a false share sales contract to an employee who is not aware of the circumstances as provided in Paragraph 1 at the L Accounting Office located in K at the time of a temporary advancement, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Copy of corporate register, or stock sales contract;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference D);

1. Relevant Article of the Criminal Act and Articles 231, 34 (1) of the Criminal Act (the occupation of aiding and abetting private documents, the choice of imprisonment), and Articles 234 and 231 of the Criminal Act (the occupation of exercising private investigation documents and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years and six months;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for private document crimes: [No person who has forged, altered, etc. [Type 1] private document forgery, alteration, etc. [the area of recommendation and the scope of recommendation], basic area of punishment [the scope of recommendation and recommendation], six months to two years.

3. Records, such as the confession of the defendant in the decision of sentence, the fact that the defendant agreed with the victim, and other circumstances leading to the crime of this case.

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