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(영문) 인천지방법원 2018.03.08 2017고단9320
사인위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 is a person operating “B” as a wood packaging industry chain that manufactures wood packaging materials for export with timber and supplies them to exporters, etc.

After heat treatment at an export-import heat processing company registered in the Agricultural and Forestry Quarantine Headquarters, the Defendant brought about timber packaging materials for export with the seal of disinfection treatment without disinfection treatment for the purpose of cost saving. However, the Defendant arbitrarily manufactured and used the seal of disinfection treatment for the timber without disinfection treatment for the purpose of cost saving.

1. On December 2015, the Defendant, a private person, produced the head of Seodaemun-gu Timber (KR-20218, HT) registered as a wood heat processing company for import and export at the Central Headquarters for the Agricultural and Forestry Quarantine Headquarters, which was located in the Seoul Southern-gu, Incheon-gu Headquarters for Food and Agriculture Quarantine (KR-20218, HT).

Accordingly, the Defendant forged the seal of others for the purpose of exercising it.

2. On September 2017, the Defendant, at the request of (ju) Incheon Metal, who is an exporter of motor vehicle parts, affixed a forged seal on the packages for export manufactured at the request of (ju) Incheon Metal, and supplied it to the staff in charge of Incheon Metal (ju) who did not know the fact thereof.

In this respect, the defendant used the forged seal of others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A statement of the details of and reasons for the detection;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense (the occupation of a private person), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of an event as a private person);

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the crime in this case is not good, but is the first offender,

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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