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(영문) 전주지방법원 군산지원 2018.01.26 2017고단635
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When the Defendant entered into a contract for the supply of materials with E while carrying out a subcontracted construction work from C Co., Ltd. as the representative director of C Co., Ltd., and C (State) while entering into a contract for the supply of materials with E, he thought to prepare a guarantee obligation agreement in the name of E Co., Ltd. (State) upon receipt of a request for a guarantee obligation agreement from E.

On April 16, 2015, the Defendant confirmed that, with respect to a lease agreement entered into between “A” Representative G and “B” H by means of a computer at C site office located in F at Sam-si on April 16, 2015, the following matters shall be met by “C” (State) A.

“A” shall be paid to “A” in the event that the amount of goods not returned after the expiration of the term of this contract and the unpaid rent is not paid to “B”.

“The content of “A” is to prepare a copy of the rental fee and the certificate of payment for the goods, prepared “A” in the originator column as “I” and affixed an I’s seal prepared in advance in the next place.

Accordingly, for the purpose of uttering, the Defendant forged one copy of a rental fee and a certificate of payment for goods in the name of the private document, which is a private document on rights and obligations.

2. The Defendant, at the time, at the place specified in paragraph 1, sent a forged rent and a certificate of payment for goods, as described in paragraph 1, to E, who is aware of such fact, by facsimile, as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police to J;

1. The application of Acts and subordinate statutes on a complaint, a letter of confirmation on the payment of rent for rent and goods, and a written agreement for consultation;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the aforementioned investigation document) and the selection of imprisonment for each crime;

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

1. Suspension of execution: Article 62(1) of the Criminal Act (20 million won shall be deposited for the victim);

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