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(영문) 전주지방법원 남원지원 2016.05.03 2015고단283
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a real operator of (State)C and (State) D established for the purpose of manufacturing and selling products related to industrial dynamics.

The Defendant was registered as the Director of the Agency for Interest of Shareholders D.

Because E is recorded as a shareholder interest research institute in duplicate, it is difficult for D to obtain credit loans from the Korea Technology Finance Corporation or to receive research tasks from the government, and it is difficult for D to report falsely as if it takes over D shares 19,000 shares, thereby deprived of E’s status as D shareholders.

On October 2013, the Defendant succeeds to “A (Defendant)” (E) on October 31, 2013 in D offices located in Suwon-si, Suwon-si, by means of computers in D offices located in F: “A (G)/General shares, and date of transfer: The amount of transfer: 19,000 shares, the amount of transfer: 5,000 won per share, the amount of transfer: 95,000 won per share, the amount of transfer: 95,000 won per day, the amount of 95,000 million won per day (Won 95,00,000), and all rights and obligations for shares subject to transfer: on the basis of the date of transfer.

“Name E: Address E: In the case of Gyeonggi-gu, Gyeonggi-do, H, and output it; and in the case of the transferor’s name, it was written in advance by the transferor’s name.

For the purpose of exercising the seal affixed on the E’s name, one copy of the share transfer contract in the name of E, which is a private document on rights and obligations, was forged, and the several original tax offices located in the 61-ro, Sin-si, Sin-si, Sin-si, each page of the forged share transfer contract was submitted to the staff in charge of the several original tax offices as if they were duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to investigation reports (related to attaching evidentiary documents, such as certificates of seal imprint of the complainant E), investigation reports (related to attaching evidentiary documents, the complainants);

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) for criminal facts.

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