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(영문) 춘천지방법원 강릉지원 2018.01.17 2017고단870
사문서위조등
Text

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

Reasons

Punishment of the crime

1. Although a person who intends to engage in construction business in violation of the Framework Act on the Construction Industry shall register the construction business with the Minister of Construction and Transportation, the Defendant, without registering the construction business, entered into a contract to construct multi-family houses and neighborhood living facilities on the land of 211.2 square meters located in E and run construction business from that time to June 2015, under which he/she will build a multi-family house and neighborhood living facilities and receive construction cost of KRW 220 million from that time to that of June 7, 2015.

2. On October 7, 2014, the Defendant forged private documents: (a) made a standard subcontract agreement between the parties to construction works in the non-facing coffee shop located in Gangnam-si, Gangnam-si, with the fact that: (b) the Defendant did not intend to become a guarantor of the construction works; and (c) did not permit the said C to all the matters indicated in the contract as a guarantor; and (d) did not permit the said C to do so by delegation, etc.; (b) written “(State) F and G” in the column for the guarantor of the standard subcontract contract for construction works; and (c) affixed a seal affixed with the seal of (State F) F, which had been kept in advance subsequent thereto.

Accordingly, for the purpose of uttering, the Defendant forged a standard subcontract agreement for construction works under the name of F, a private document on rights and obligations.

3. The Defendant, at the time and place specified in paragraph 2, exercised the standard subcontract agreement for the construction work that was forged to the above C as if it had been duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A complaint, a standard subcontract agreement for construction works, a copy of a written answer, an investigation report (related to F seal source), official document (in response to a request for tax information by an external agency), details of business registration, investigation report (related to telephone communications by a witness G).

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