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(영문) 의정부지방법원 2015.01.13 2014고단528
사문서위조등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, the defendant A is subject to objection.

Reasons

Punishment of the crime

[2014 Highest 528] - Defendant A and Defendant B conspired with each other by ordering Defendant B to forge the OEM contract in the name of (ju) H in order to show to Ger who invested in (ju) F that they operate, around October 2009.

1. On October 2009, at the J office located in Ansan-si I, the Defendants conspired to affix the corporate name of H in advance stating “K, (H), L, Seoul, Seocho-gu M, manufacturing and wholesale, and life” in the column of the OEM contract, and exercised the following: (a) a private document, the name of which is a private document on the rights and duties of receiving the raw water from H from H F with the purpose of using a corporate seal affixed to the above company’s name in advance; and (b) an OEM contract under the name of H with the purpose of using a corporate seal affixed to the above company’s name; and (c) around March 3, 2010, a private document, the name of H, an OEM contract under the name of G, which is a private document, is forged and delivered to G with the fact that it was forged at the office of (B)O located in Gyeonggi-gun-gun N, Gyeonggi-do.

2. On October 2009, at the J office located in Ansan-si I, the Defendants conspired and forged one copy of the OEM provisional contract under the name of (ju) H, a private document on the rights and duties to receive the delivery of the raw water from (ju) F by affixing the corporate seal of (ju) H in advance, stating “K, (ju), L, Seoul, Seocho-gu M, manufacturing and wholesale, and life” and affixing the corporate seal of the above company’s name in advance, and affixing the seal of the corporate seal of the above company’s name.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness B, G, and P;

1. The 11th prosecutorial examination protocol (including the part concerning the statement of the defendant B), the 14th prosecutorial examination protocol (including the G and P) against the defendant A, and each protocol concerning the examination of the defendant B by the prosecution against the defendant B;

1.With respect to G:

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