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(영문) 광주지방법원 해남지원 2016.03.10 2015고단335
사문서위조
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is that the Defendant was performing construction works under a contract for the extension of a building located in Do (hereinafter “instant building”) in Do (Seoul) from around September 2012 with a view to forging the contract as if he had concluded a comprehensive construction contract including the tin work outside the outer wall of the building at the time of the said contract and receiving additional construction charges from C after forging the contract as if he had concluded a separate tin work, and then receiving the additional construction charges from C by using a computer and pen (basic, modified) on March 18, 2013 in the column of the standard contract for construction works (around March 18, 2013: C: name of the Do government-employed construction, subcontracted construction: Do public-private pension construction, subcontracted construction: F public-private partnership construction, construction site and construction site: Do-nam construction: 10,300,0000 won prior to completion of the construction, 30,000 won prior to completion of the construction, 130,0000.3.

Accordingly, for the purpose of exercising, the Defendant forged the standard subcontract agreement of construction works in the name of C, a private document related to rights and obligations.

2. The Defendant asserted that C had sufficiently explained the terms of the standard subcontract agreement for construction works (hereinafter “instant contract”) written out the instant contract, and that C directly signed between C’s name and the right-hand side of the said contract written by the Defendant and the front-hand side. As such, the Defendant did not forge the said contract.

3. The burden of proof of the facts charged in a judgment in a criminal trial shall be borne by the prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so that such evidence may be proven.

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