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(영문) 부산지방법원 2012.10.23 2012고단5465
사기호위조등
Text

A defendant shall be punished by imprisonment for six 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 wood packaging materials for export shall undergo heat treatment without fail, and after heat treatment, the Agricultural, Fisheries and Fisheries Quarantine and Inspection Headquarters shall affix a disinfection treatment mark approved for use.

The defendant, as a production management director of C(ju), has made packaging materials with heat-processed wood packaging materials, and there has been any portion on which the disinfection treatment mark has not been affixed, and there has been a delay in the defective shipment in order to obtain the disinfection treatment mark as a procedure for the omitted portion.

Accordingly, the defendant knew that the "E" (Gaero 7.5cm x 3.5cm cm x 3.5cm cm) was arbitrarily produced by Gangseo-gu Busan, which was traded in relation to wood packaging materials, and tried to seal it at will.

On June 12, 2009, the Defendant had on-site workers affix the D's disinfection treatment mark to the wood packaging materials for export of the vessel that exported the D's vessel overseas, as if it were the genuine disinfection treatment mark, and around that time, had the aforementioned vessel export the vessel's tools abroad.

From around that time to September 16, 201, the Defendant had the aforementioned D's disinfection treatment marks affixed over a total of 52 times, as indicated in the crime sight list, and around that time, exported the above vessel's tools overseas.

Accordingly, for the purpose of exercising, the defendant forged and uses the disinfection treatment mark that D, a symbol of another person, reported to the National Plant Quarantine Service.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, G and H;

1. Application of a copy of seizure protocol to statutes;

1. Article 239 (1) of the Criminal Act and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense (a point of uttering of counterfeited defense) of the same Act;

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

1. The criminal defendant under Article 62(1) of the Criminal Act reflects on the crime;

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