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(영문) 춘천지방법원 2017.10.17 2017고단732
사문서위조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon, etc., and the said judgment became final and conclusive on March 16, 2017.

The Defendant is a person who was awarded a subcontract for a “Ftel” construction work in Daegu Dong-gu E, Daegu-gu, which was contracted by C Co., Ltd. D.

In the process of subcontracting a funeral work to H operating G, the Defendant was willing to prepare and deliver a written contract, as he subcontracts the construction work directly to G in Co., Ltd.

Accordingly, on October 17, 2015, at the office of a stock company C located at the same construction site, the Defendant: (a) written the product supply contract by copying the employee identification file of C, the employee identification file of C, which was in advance, to the name of I, from October 1, 2015 to December 31, 2015; (b) the contract amount: the contract amount: the contract amount: KRW 00,000,000,000: the contract amount: in accordance with the terms and conditions of payment: the contractor: (c) and the representative: I prepared the product supply contract with the content that “the contractor shall comply with the terms and conditions of payment”; and (c) printed the contract to the employee identification file of C, which was in advance, to the name of I.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a product supply contract in the name of C, a private document on rights and obligations.

When the Defendant subcontracted a funeral work to the above H who knew of the forgery, the Defendant issued a forged product supply contract as if it had been duly formed, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Investigation report (the result of investigation by telephone from a witness);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime (the point of uttering of the aforementioned investigation document), and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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