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(영문) 인천지방법원 2017.01.26 2016고단1195
사문서위조등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On March 18, 2009, the Defendant of a private document forgery: (a) around the Dong-gu Incheon Metropolitan City, Dong-gu, Incheon; (b) even though D sold the shares of Company E or resigned from the office of auditor of the said Company, the Defendant did not know of such fact; (c) in the “type and quantity of shares to be traded” column of “type and quantity of shares to be traded by using a mix in the paper for a stock purchase and sale contract in which the content of the share purchase and sale contract is printed,” “5,000 common shares”; (d) “one week trading price” column; (e) “15,000,000 won” in the “sale price column; and (e) signed the seal of the said D’s prior seal on its name; and (e) resign the position of auditor of Company E.

The phrase “D” was written on a letter-post site stating the purport of “D” with a black pen, and then the seal previously held was stamped on the name.

As a result, for the purpose of uttering, the Defendant committed each of the following provisions: a share trading contract and a resignation contract in the name of D, which is a private document related to rights and obligations.

B. On June 25, 2015, the Defendant: (a) submitted a forged stock transaction agreement and a written resignation to an employee in charge of such forgery in the Incheon District Court’s civil petition office located in Nam-dong, Nam-gu, Incheon; (b) around June 25, 2015, the Incheon District Court 2015 submitted a forged stock transaction agreement and a written resignation as a document attached to the written reply for confirmation of the absence of the resolution of the general meeting of shareholders; and (c) exercised the title as if it were a document duly formed.

2. Determination

A. The burden of proving the facts charged in a criminal trial shall be borne by the prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

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