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(영문) 서울남부지방법원 2019.07.03 2019고단1346
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Defendant is a person engaged in transportation business, and B is a corporation established for the purpose of general trucking transportation business on October 13, 2015, and the Defendant was appointed as a inside director on November 17, 2015, but resigned on February 24, 2016, and C was appointed as an inside director on February 24, 2016.

On May 27, 2016, the Defendant and C drafted a sales contract with the purport that the Defendant will transfer the total purchase price of KRW 120 million to C, and the Defendant returned KRW 10 million to C on November 8, 2016, after receiving KRW 70 million from C, including receiving KRW 20 million on June 27, 2016 and KRW 50 million on July 29, 2016.

1. On April 3, 2017, the Defendant forged private documents by means of a computer for the purpose of uttering at the office B office in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu and No. d, and on April 3, 2017, the Defendant transferred 60 million won of shares B to G by means of a computer.

“A transfer of shares in the name of the transferor F” and “C on April 3, 2017, to H 30 million won, of shares 60 million won.”

“Along with the content of “A” written “an agreement on the transfer and takeover of shares in the name of the transferor C”, and then stamped F and C’s seal kept in the said office on each side of F and C’s name, and forged F and C’s private document, which are private documents related to rights and obligations, respectively.

2. On April 3, 2017, the Defendant: (a) sent to the head of the office in charge of the accounting affairs of mutual infaciencies, as if each one of the F and C share transfer contracts under the name of F and C was genuine, at the same place as indicated in the foregoing paragraph 1(1) at the same time as indicated in the foregoing paragraph 1(1).

3. On December 1, 2017, the Defendant entered false statements in the authentic copy of a notarial deed in Seoul Southern District Court’s office at the Seoul Southern District Court’s registry office at Yangcheon-gu Seoul, and the employee of a certified judicial scrivener who is not aware of such fact is a temporary internal director C at the general meeting of shareholders held at the principal office of the company at 10:00 am on November 30, 2017.

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