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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant was sentenced to a suspended sentence of two years on November 22, 2019 for perjury in the Seo-gu District Court’s Branch Branch on November 14, 2019, and the said judgment became final and conclusive on November 22, 2019.
【Criminal facts】 The Defendant was the field manager of the construction of the building that he contracted by the owner C (hereinafter “instant construction”). On November 28, 2016, when he was delegated with the preparation of “written agreement on direct payment of subcontract consideration (direct payment)” among D, the owner C, contractor B, and sewage-based subcontractor, from the owner C, contractor B (ju) representative director, around November 28, 2016, he received the corporate seal impression of B (ju) from E.
The Defendant was delegated by D only the “written agreement on direct payment of subcontract consideration (direct payment)”, which is an agreement between the owner, contractor, and third parties of sewage level, and only received the corporate seal impression from E in order to affix the said “written agreement on direct payment of subcontract consideration (direct payment)” and did not have been delegated with the preparation of other documents in the name of the contractor B (State).
1. On December 9, 2016, the Defendant forged a private document, without obtaining permission from D or E from the office of the owner C of the building located in the Daegu Suwon-gu, Daegu-gu, and without obtaining permission from D or E, the Defendant was in possession of the Defendant following the name “D” for the “B (State) representative” in the “written confirmation of payment and direct payment for the instant construction work.
B (States) affixed the corporate seal impression.
Accordingly, for the purpose of uttering, the Defendant forged a letter of “payment of construction cost and direct payment confirmation” under the name of the State B (State), a private document on rights and obligations.
2. The Defendant exercised the said investigation document at the same time and at the same place as in the foregoing paragraph 1, and at the same time and place, he did not know of the forgery and exercised a copy of the “written confirmation of payment of construction cost and direct payment” forged as if it were duly formed.
Summary of Evidence
1. Prosecutions for the defendant's legal statement E;