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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 28, 2016, the Defendant: (a) indicated “D agent A” in the column of the “motor vehicle transfer contract” to sell 13 trucks from the Defendant’s “F (State) E” office located in Jung-gu Incheon Metropolitan Government on the part of the Defendant’s “F (State)” office on January 28, 2016; (b) signed the Defendant’s seal on the next page; and (c) delivered the said contract to F (State) representative G with the intent to exercise the right to sell the truck transport business owned by the said company, notwithstanding the fact that the Defendant was delegated by D (State) to sell the truck transport business owned by the said company.
Accordingly, for the purpose of exercising the right, the defendant prepared a document concerning the right and obligation with the qualification of others and exercised it.
2. The Defendant was delegated by the representative of C(State) with the process of change between the City/Do at the workplace and the head of C(State) and the representative D’s seal within the scope of delegation.
Nevertheless, the Defendant, as described in the preceding paragraph, voluntarily sold 13 trucks owned by C (States) to F (States) and received a request from F (States) to change documents necessary for the registration of the transfer of the relevant truck, for the purpose of exercising the minutes of the board of directors’ meeting at the “E” office as described in the preceding paragraph on February 5, 2016, held the same as above in the form of the agreement for the transfer of the truck transport business.
C The corporation also signed the seal of the head and the representative D and delivered it to F (State).
Accordingly, the defendant used the seal of others in order to exercise it, and exercised it.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. A summary of the Council, a report on the transfer of a truck/ferry/franchise, and a general trucking transport business.