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(영문) 춘천지방법원 강릉지원 2017.11.09 2017고단888
위조사문서행사등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2017, the Defendant, who was held by D on January 1, 2017, thought that he will collect shares in E private teaching institutes owned by D, and registered as a director for a limited period of time since D, who had already received a loan from the Korea Credit Guarantee Fund, was registered as a inside director of the Korea Credit Guarantee Fund to obtain a loan from D.

“Along with D’s personal seal impression and certificate of personal seal impression,” issued by D.

On January 11, 2017, the Defendant issued to F, who is the head of the pertinent private teaching institute administrative office, a certificate of personal seal impression and a certificate of personal seal impression issued by D, and instructed F, who is aware of the foregoing circumstances, to prepare a contract for transfer and acquisition of stocks in D’s name. F, who is aware of the aforementioned circumstances, agreed to acquire the shares of 100 shares of the E private teaching institute as of January 11, 2017 in the column of “A”, “D” in the transferor column, “A”, and “A” in the content column, respectively.

“After entering the judgment, D’s seal impression was affixed to D’s name, and at the certified judicial scrivener’s office located in Gangnam-si H on the same day, the said forged shares transfer/acquisition contract was concluded as genuinely with the certified judicial scrivener who is aware of such forgery.

As a result, the Defendant forged and exercised one copy of the share transfer/acquisition contract in the name of D, a private document on rights and obligations through F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. A share transfer/acquisition agreement, joint operation agreement, and all certificates of legal entity matters (the defendant and his/her defense counsel have obtained a seal imprint and a certificate of seal impression from D in the process of demanding D to pay loans equivalent to KRW 17 million, so D's implied consent to the transfer/acquisition of shares.

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