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(영문) 부산지방법원 2019.09.04 2019고단826
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 2018, the Defendant asked B, a scrap metal business operator, to remove scrap metal and machinery (hereinafter “the instant scrap metal, etc.”) located in Da in Gyeong-nam-gun C, thus selling it. The Defendant discussed the sales contract between E and the instant scrap metal business operator around that time.

1. Forgery of private documents and the display of private documents;

A. (1) On April 6, 2018, the Defendant forged a private document: (a) at the funeral hall office of G Hospital located in Busan Metropolitan City, which was demanded from B to send a written contract for purchase of the instant scrap metal, etc. from D; (b) at the office of G Hospital located in Busan Metropolitan City, the Defendant, without authority, prepared and printed a sales contract file stating that “A shall enter into a sales contract for scrap metal with the buyer on part of March 16, 2018 as follows; and (c) affixed the seal of H and I in the column of the said sales contract, stating “H” and “I” in B column; and (d) affixed the seal of H and I prior possession on the name of H and I.

Accordingly, for the purpose of exercising, the Defendant forged a sales contract under the name of H and J, which is a private document on rights and duties.

B. The Defendant, at the time and at the place specified in the above (i) above, taken a forged sales contract using a cellular camera function as a photograph, and transmitted it to K to B who is aware of the forgery.

Accordingly, the Defendant exercised the sales contract under the name of H/J as if it were genuine.

B. (1) The Defendant, on April 18, 2018, who forged a private document, received a request from B to “the delivery of a contract for purchasing a building from D” from Busan Jin-gu L, Busan, and the residence in subparagraph (M), with the view of without authority in the column for the location of the site for the real estate sales contract, “Seoul-gun, Gyeongsung-gun, Gyeongsung-gun,” “the sale price column,” “the sale price column,” and “the 18th day of April 2018”.

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