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(영문) 대구지방법원 포항지원 2020.05.20 2020고단218
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was a person working in the company B, and the defendant had the intention to use the performance (advance) guaranty insurance policy under the name of the representative director of the company E, in order to receive a contract for the D Project from the company B.

1. On April 18, 2019, the Defendant: (a) had access to the website of the Nam-gu G and the office B, Inc., and printed out in writing the performance guarantee insurance policy (Advance payment) issued prior to the towing from the E Co., Ltd. in the computer file; (b) had the insured’s “H (H)C” in Korean program; (c) the insured’s amount of insurance coverage, “Won 960,84,50”; (d) the insurance premium “Won 9,115,940”; (c) the insurance period from March 28, 2019 to September 11, 2020; (d) the main contractual name: D creation; (c) the date of conclusion of the contract; (d) the contract amount: the amount: 6,405,630,000; and (d) output the pertinent portion in advance from October 14, 2019 to June 30, 20204.

Accordingly, the defendant forged one of the performance (Advance payment) policy under the name of the representative director of E Co., Ltd., a private document on rights and obligations.

2. The Defendant, at the same time and place as indicated in paragraph 1, sent PEF files that can be processed with forged performance (advance) surety insurance policy as indicated in paragraph 1 to I, who is aware of the forgery, by e-mail, at the time and at the same place as indicated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. The K's statement;

1. A complaint, a copy of performance guarantee insurance policy, a certificate of personal seal impression, and proxy;

1. e-mail response data - the team leader I of theC;

1. An investigation report (whether a surety insurance policy related to a forged performance, or a contract construction has been continued);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Article 231 of the Criminal Act applicable to the facts constituting an offense and Article 231 of the Private Document Forgery of the Criminal Act.

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