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(영문) 서울서부지방법원 2018.04.11 2017고단1532
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 18, 2016, the Defendant: (a) stated “E” offices located in Yongsan-gu Seoul Metropolitan Government D307; (b) stated “F on October 18, 2016,” the signature at the bottom of the power form, and forged a letter of delegation in the name of F, a private document on rights and obligations.

2. On October 18, 2016, the Defendant sent a forged letter of delegation to the Intellectual Property Office of the European Union through the Patent Attorney G to use the forged private document at the place described in paragraph 1, as described in paragraph 1, and as described in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some statements made by the defendant or J concerning the suspect examination protocol of the prosecution;

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

1. Information related to the registration of the European Union, and the application of delegation statutes;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document), Articles 234 and 231 of the same Act on criminal facts;

1. Selection of each sentence of imprisonment;

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. The decision of the sentence under Article 62(1) of the suspended sentence under the Criminal Act is that trademark rights are transferred by forging delegations in the name of the victim, not legal procedures, even though there is a dispute between the victim and the reason for sentencing under Article 62(1) of the same Act, and the liability for such crime is not less severe. In light of the circumstance where the contract was concluded between H and the defendant, which is the representative of the victim, and the reason why the trademark rights of the European Union are transferred in whole to I, and the reason why the trademark rights of the EU are registered or transferred, etc., there are circumstances to be considered for the crime of this case by the defendant; the defendant has no record of being punished for the same crime; and other sentencing conditions

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