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(영문) 서울중앙지방법원 2017.11.14 2017고정2518
사문서위조등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On January 8, 2014, the Defendant forged a private document: (a) stated in the D Co., Ltd. office located in Gwanak-gu, Seoul Special Metropolitan City, that the Defendant was “D Co., Ltd.”; (b) stated in the column for issuing a contract the acquisition of shares using a computer located therein as “D Co., Ltd.”; (c) stated in the column for issuing a contract the total acquisition price of shares; (d) KRW 17,000,000,000 in the total acquisition price column; (e) stated in the column for stock transfer as “E”; and (e) stated in the seller’s column as “E”.

E’s seal was affixed next to his name.

Accordingly, for the purpose of exercising authority, the defendant has forged a copy of the contract on the acquisition of shares, which is a private document related to rights and obligations.

2. On May 12, 2014, the Defendant, at the Dongjak-gu tax office located in Yeongdeungpo-gu Seoul Metropolitan Government Seocheon-ro 259, exercised the forged shares transfer contract as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a contract for filing of a complaint, evidential materials submitted by a complainant, and acquisition of stocks;

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

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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