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(영문) 의정부지방법원 2014.02.13 2013고정2611
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is a person who operates a G in E Co., Ltd. in Gyeonggi-do, and in Gyeonggi-do F.

1. Forgery of private documents;

A. In June 2010, the Defendant prepared and printed out a share sales contract with the purport that the director H of the E Co., Ltd., a representative director of the Defendant, transfers 2,00 shares to I in G office located in Gyeonggi-gun F, Gyeonggi-do, 201, using a computer. On the part of the transferee of the said contract, the Defendant entered “ Address: J, Name: I, Resident Registration Number:K,” and marked “K,” and affixed I’s seal prepared in advance on his name.

B. In June 2010, the Defendant prepared and printed out a share sales contract with the purport that the director of E Co., Ltd. transfers 1,500 shares to I using a computer at the same place as a policeman, and then, on the part of the transferee of the said contract, “ Address: J, Name: I, resident registration number: K” written at “S,” and affixed I’s seal prepared in advance to the name next to the name.

Accordingly, the defendant, for the purpose of exercising rights and obligations, has forged two copies of a share sales contract in the name of the I, a private document.

2. In June 2010, the Defendant: (a) submitted a forged share sales contract to an employee under his/her name, who is unaware of the forgery, as described in the preceding paragraph, in order to prepare a tax declaration document at the Ntax Accountants Office M in Dong-si, Doncheon-si; and (b) held the same as if he/she were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A certified copy of E corporate registry;

1. Application of a sales contract for shares (200 shares), a sales contract for shares (1500 shares) (150 shares);

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the selection of a fine for each crime under the relevant Act, as to the facts of the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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