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(영문) 수원지방법원 안산지원 2014.01.27 2013고단3172
사문서위조등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 10, 201, the Defendant, at the Defendant’s office located in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, without authority, entered into a standard subcontract form for construction works, using computers, stating “D: D: Civil engineering works among new E Hospital construction works, November 10, 201, principal contractor DF,” and affixed the official seal of the said D Co., Ltd., which had been dismissed in advance from the name of the said F, and then then delivered it to the representative of the said I Co., Ltd. at the I Co., Ltd., located in C201, via G around that time, via G the forged contract.

Accordingly, the Defendant forged and exercised the standard subcontract form of construction works in the name of the said D Co., Ltd., which is a private document on the rights and obligations.

2. On January 18, 2012, the Defendant, without authority, issued a standard subcontract form for construction works to the above Defendant’s office, using computers, stating “K (owner) and subcontracted construction works: L building-1 and 2 new construction works; iron frame and structure works; January 18, 2012; and “K (owner) M” with the above Defendant’s official seal attached to the above Defendant’s office; then, through G of the above forged contract, the Defendant issued the said Section G with the official seal attached to the (State) office located in the Nam-gu Incheon Metropolitan City, and the said Section (O) representative who is aware of this fact.

As a result, the Defendant forged the standard subcontract form of construction works in the name of the above K, which is a private document on the rights and obligations, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement to M and J;

1. A criminal investigation report (No. 56 pages of the record);

1. To enter into and present a standard contract on construction business;

1. Entry in the standard subcontract agreement for construction works and the application of existing Acts and subordinate statutes;

1. Article 231 of the Criminal Act concerning criminal facts and the choice of punishment

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