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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 14, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Framework Act on the Construction Industry at the Incheon District Court on August 14, 201, and the said judgment became final and conclusive on August 22, 2014.
Defendant was the representative director of C Co., Ltd.
1. Around January 3, 2014, the Defendant forged private document: “E”, “F,” “F,” “G apartment in the insured column; “113,30,000” in the subscription amount column; “from January 03, 2013 to January 02, 2015” in the subscription period column; “D Co., Ltd.’s warranty bond under a construction contract” in the main contract column; “D Co., Ltd., Ltd., located in the office located in Ansan-gu, Ansan-gu, Gyeonggi-do; “F,” “F,” and “G apartment” in the subscription amount column; “BY 13,300,000,000,000 won in the subscription period column; and “BY 30,010,000,000 won in the name of the principal contract; and
2. Around January 15, 2014, the Defendant: (a) exercised one copy of the warranty insurance policy that was forged at the Gangnam-gu Incheon Metropolitan City G Apartment Management Office; (b) the said apartment management office was aware of the fact.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement to J (1, 2 times);
1. The police statement of K;
1. A complaint;
1. Previous records: Criminal records, investigation reports (Attachment of judgments violating the Framework Act on the Construction Industry against suspects), submission of reference materials, and application of Acts and subordinate statutes of the case inquiry;
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, 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. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;