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(영문) 창원지방법원 통영지원 2016.10.20 2016고단1233
사문서위조등
Text

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B shall be punished by imprisonment for a period of ten months.

Reasons

Punishment of the crime

Defendant

A, who was the chairperson of the D apartment occupants' representatives meeting in the same Dong, is the representative of E, and Defendant B entered into each contract on October 19, 2015 with the above D apartment's outer wall painting in the name of the above D apartment's council of occupants' representatives as the chairperson of the D apartment occupants' representatives meeting in the same Dong. Defendant B entered into each contract on December 3, 2015 with the above D apartment's outer wall painting in the name of the above D apartment's council of occupants' representatives.

1. Defendant B concluded the above construction contract with the council of occupants’ representatives, but without reporting it to the head office, intended to forge the contract guarantee and defect repair guarantee with respect to the above construction work in order to make the above construction work subcontracted to E and take 10% of the construction cost as profits.

On October 19, 2015, the Defendant, at the office in Yong-Nam branch office G Co., Ltd., the Defendant arbitrarily prepared “the letter of guarantee of contract for D apartment rupture repair and reconstruction construction” in the name of H association president of H association, stating that “it guarantees the above D apartment constructed in H association G with the aim of submitting it to the said council of occupants’ representatives,” and submitted it to the head of the said D apartment management office.

Accordingly, for the purpose of uttering, the Defendant forged and exercised the “D apartment rupture repair and the contract guarantee letter of the re-domination construction” in the name of the president of HA, which is a private document on the rights and obligations.

B. On December 3, 2015, the Defendant, at the office in Yong-Nam branch office G Co., Ltd. (hereinafter “H Association”) established under the name of the president of H Association I, stating that “A guarantee letter for construction works for the rooftop waterproofing construction of the said D apartment built in G Co., Ltd. is guaranteed by the H Association for the purpose of submitting it to the said council of occupants’ representatives.”

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