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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Status of the Parties] A around October 200, the Defendant, a subsidiary company of D Co., Ltd. (hereinafter “D”) operated by C (hereinafter “D”), is serving as a director’s position in E Co., Ltd. (hereinafter “E”).
Around January 5, 2009, after receiving a transfer order as D's technical research institute, G was withdrawn from office on December 201, 201, and around November 5, 1987, G was employed as a staff member in charge of D's accounting and funds, and currently has been employed as a director in charge of accounting and funds.
【Criminal Facts】
In accordance with the title trust agreement with D representative director C, the Defendant acquired 6,000 new shares of D Co., Ltd. around December 20, 2001, and on December 20, 2006, the Defendant acquired 3,000 new shares of the same company and transferred 9,000 shares of the same company to G upon request of C for return thereof on April 20, 201, while the Defendant kept 9,00 shares of the same company under a title trust with C.
Nevertheless, the Defendant received 9,00 shares from C as piece rates for business performance, not as mentioned above, but as if he had transferred 6,00 shares to G on the condition of employment security of the Defendant, and tried to assert false ownership of 3,00 shares out of the above shares.
1. Forgery and uttering of private documents;
A. The Defendant, at a place not known to him on April 2010, under the title “1. applicable shares: (1) shares of (2) D: (3) no more than 6,000 (2) shares: par value; (4) no less than 5,00 won;
2. Transfer amount: gold ginseng0 million won,
3. The transferor: A;
4. The transferee: (a) stated the content as “G” and created a document file stating “G” at the end of April 07, 2010, and then output it and affixed a seal in the name of G that was kept in the D office adjacent to the G’s name.
Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the share transfer contract in April 7, 2010 in the name of G, a private document on rights and obligations without authority.
B. The Defendant.