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(영문) 울산지방법원 2018.11.30 2017고정188
사문서위조등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the actual operator of B Co., Ltd. for the purpose of housing construction business, etc. C is the Defendant’s living together, and D is a representative director of B Co., Ltd from September 8, 201 to October 30, 2012.

1. Around December 15, 2011, the Defendant, C, and D acquired a stock company with a comprehensive construction license in the process of entering into a contract for construction work in connection with the project for land subdivision rearrangement in Ulsan-gun, Ulsan-gun, Ulsan-gun, and agreed to enter into a collective contract for construction work, but did not acquire the F stock company due to the shortage of acquisition funds.

On December 2, 2011, the Defendant instructed C and D to the effect that “The construction contract is concluded in the name of F corporation under the name of F corporation, on condition that the F corporation will take over the seal of the representative director of F corporation,” while setting up the seal of F corporation representative director of F corporation in front of the Changwon District Court located in Seongbuk-si, Changwon-si, Changwon-si.”

After that, C and D, in accordance with the order of the Defendant, was in possession of the Defendant, at H’s near the Ulsan-gun G around December 15, 201, the “I” restaurant located in Ulsan-gun G, Ulsan-gun, after preparing a comprehensive contract for construction works with the said industrial cooperative for rearrangement of land, and at the business column of the said contract as “J for the Representative Director of the FF Co., Ltd.” in the business column of the said contract.

The FF representative director's seal was affixed.

Accordingly, the Defendant, in collusion with C and D, forged one copy of the collective construction contract under the name of the representative director of FF, a private document related to rights and obligations, which is a private document, for the purpose of uttering, and issued the forged collective construction contract to K, which is the president of the above union, who is aware of the forgery, as if it were the document duly formed.

2. A crime C and D are committed around January 12, 2012 in accordance with the Defendant’s order as above, at the M&D office located in Ulsan-gun, Ulsan-gun, around January 12, 2012, in the project execution column for a package contract for construction work (B) in the foregoing manner.

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