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(영문) 서울남부지방법원 2016.10.25 2016고정1751
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to carry on construction business violating the Framework Act on the Construction Industry shall make a registration;

Nevertheless, the Defendant, without registering construction business with the competent authority on February 17, 2015, entered into a contract with the owner D and the total floor area of 449 square meters, and with the construction of multi-household housing with a total of four floors (hereinafter referred to as “new construction project”) at KRW 480,000,000 of the construction cost, and newly built the instant construction project from March 13, 2015 to September 2015.

2. The Defendant: (a) was a person operating E; (b) was a person operating the instant construction business without registering the construction business; (c) was leased the name of DabC Co., Ltd. that registered the instant construction business; and (d) was willing to forge the said D’s contract form with DabC as if the said D and DabC entered into a contract agreement.

On March 9, 2015, the Defendant, at the office “E” office located in Yangcheon-gu Seoul Metropolitan Government F, had the said company’s accounting G affix a mix to the “Standard Contract for Private Construction Works” paper, and had the said company’s accounting G affix a mix to the “H multi-household construction work” column, “Gang-gu I” in the construction site column, “Gangseo-gu I” in the contract amount column, “Jind Co., Ltd. in the contractor column, “D” in the contractor column, and “D” in the contractor column, and affix the D seal kept in advance following D’s name.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the standard contract for private construction works in the name of D, which is a private document on rights and obligations, and submitted a forged contract to an employee in the name-free circumstance in Gangseo-gu Seoul Metropolitan Government public service center for the Gangseo-gu Office, which is located in Gangseo-gu, Gangseo-gu, Seoul, as the same day.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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