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(영문) 부산지방법원 2015.04.30 2014고단10045
사기호위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who produces and sells wood packaging materials for export with the trade name called B;

The wood packaging materials for export should be marked with the disinfection treatment mark approved by the Agricultural and Forestry Quarantine Headquarters through heat processing, and the defendant has arbitrarily manufactured and used the disinfection treatment mark in order to show that the heat-treated wood packaging materials have been finished as if he/she had finished heat processing.

On September 2014, the Defendant produced a rubber mark indicating “E” in the same shape as the D’s use at the school site located in the Seocho-gu, Busan on the date of requesting the heat treatment of ordinary timber, using the seals of the disinfection treatment marks that D in Busan on the Agricultural and Livestock Quarantine Service reported to use in the Agricultural and Livestock Quarantine Service.

Accordingly, for the purpose of exercising the right, the Defendant forged a disinfection treatment mark reported by D, which is another person's mark.

2. From September 2014 to September 2014, the Defendant posted a forged disinfection treatment mark as prescribed in paragraph (1) and supplied it to H, a customer in Gangseo-gu, Busan Metropolitan City, with a view to completing heat treatment on about 10 pieces of wood packaging materials for export for export, which was not heat treatment in B located in Gangseo-gu, Busan Metropolitan City.

Accordingly, the defendant exercised a forged symbol of another person.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement of I;

1. Application of the photographic Acts and subordinate statutes;

1. Article 239 (1) and (2) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) even if a suspended sentence was rendered for the same kind of crime in 2011, it again leads to the instant crime; and (b) the content, risk, etc. of the instant crime shall be

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