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(영문) 부산지방법원 2018.09.19 2018고단2611
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is serving as a financial director of the Fri-gu Busan Fri-gu B “C”.

1. On October 2017, the Defendant forged a private document and the foregoing investigation document: (a) indicated “E”, “F”, “G”, and “G” in the phone number column, respectively, in the form of “written attendance and resolution” in the special meeting for the selection of external audit of the said union at the Defendant’s residence located in Geum-gu, Busan at the end of the end of October 2017; (b) written attendance and resolution, which are private documents related to rights and obligations, as indicated in the list of crimes in the attached Table, and submitted each forged Chapter 8 of “written attendance and resolution,” which are private documents related to the rights and obligations, as indicated in the list of crimes in the attached Table, to the employees belonging to the management business entity specialized in the rearrangement project of the said union, who are not aware of such forgery at the 7th session opened in the office of the said association located in the same Gu I, as if they were duly constituted.

2. On November 14, 2017, the Defendant interfered with the business affairs of the Plaintiff submitted a forged “written attendance and resolution” at the above “C office located in the Geum-gu Busan Metropolitan Government, as described in paragraph 1, to the representative council to select outside audit of the partnership, and thereby interfered with the Defendant’s selection of outside audit by deceptive means, by having H accounting firms selected outside audit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against K, L, or M;

1. Each investigation report (the sequence 3, 7, 8, 9, 10, 13, 15, 16, 18 of the evidence list);

1. Application of the statute of accusation (each attached “written attendance and resolution,” between 13 and 17 pages of Evidence Record)

1. Relevant provisions of the Criminal Act and 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 exercising the above investigation document), Articles 314(1) and 313 of the Criminal Act (the point of interfering with business), the selection of imprisonment for each of the following reasons:

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. One of the reasons for sentencing under Article 62(1) of the Criminal Act is the suspended sentence (private documents).

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