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(영문) 의정부지방법원 고양지원 2018.10.04 2018고정672
사문서위조등
Text

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

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

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

1. The defendant is the operator of the Dispute Resolution Co., Ltd. in the case of Pakistan.

The defendant concluded a product sales contract with E on behalf of the Bank of Bankruptcy D with the content that the company will construct G housing in the light of this sentence, and that the company will construct G housing in the light of this sentence.

Since then, E received a request from the Defendant for advance payment of construction works, E demanded the Defendant to guarantee the performance of construction works.

On April 27, 2017, the defendant agreed to guarantee the contract between E and the Dispute Resolution Co., Ltd in lieu of the Dispute Resolution Co., Ltd. in the above Dispute Resolution Co., Ltd.

A guarantor H representative director I prepared a letter of performance of the contents of the "A" and signed it next to the name of the above I.

Accordingly, for the purpose of exercising rights and obligations, the Defendant forged one performance letter in the name of the representative director I.

2. On April 27, 2017, the Defendant: (a) taken photographs of the aforementioned “performance letter” forged as indicated in paragraph (1) around 18:38; and (b) exercised the said pictures by transmitting the said pictures to E’s mobile phone (J) as if they were duly written.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. A certificate (D) of all matters to be registered, and a sales contract of products;

1. Application of Acts and subordinate statutes to a letter of performance;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has forged a letter of performance in the name of HAW Co., Ltd. and has been forged for the purpose of receiving construction cost payment from E.

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