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Reasons
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(영문) 의정부지방법원 2015.06.25 2014고정1382
사문서위조등
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1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On July 15, 2013, the Defendant entered into a sales contract with C’s agent and dump trucks owned by the Defendant to sell KRW 86,50,000,000 for purchase price, but did not receive KRW 5,153,090 for dump trucks repair cost paid by subrogation of C, and did not receive KRW 5,153,090 for dump trucks repair cost from C, with the Defendant’s agent D and dump trucks owned by the Defendant’s agent.

1. On July 29, 2013, the Defendant forged private document: “E”, “E”, “FR7EM1”, “H” in the column for the sale date column, “FR7EM1”, “H”, “M. 29 July 29, 2013 in the column for the sale date”, “FFFM1”, “FFM1” in the column for the sale date; “FF million won in the column for the sale price; and “FF million won in the column for the special terms and conditions”; “FFFF 34 number between the Sincheon-gun, Gyeonggi-gun, Gyeonggi-do, Paris-do, Paris-do.” In the transferor column, the Defendant arbitrarily kept the signature and duties of the Defendant under the name of C with the intention of using the signature and duties of C.

2. On September 30, 2013, the Defendant: (a) filed an application for provisional attachment of construction machinery with a public official in charge of the Seoul Northern District Court’s civil petition office located in Dobong-gu Seoul Metropolitan Government on Dobong-gu, Seoul; (b) submitted the forged construction machinery transfer certificate as if it were duly constituted; and (c) exercised it.

Summary of Evidence

1. Parts of the fifth trial records which are written by witnesses D;

1. Each construction machinery transfer certificate [the statement of a witness K at the court shall be in accordance with objective evidence (the portion where D bears the same seal as C on July 15, 2013) that was stamped on July 29, 2013, and the statement of the reason why D is stamped on the transfer contract signed on July 29, 2013 (the portion where D bears the same seal as C on July 15, 2013).

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