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(영문) 수원지방법원 안산지원 2016.12.08 2016고정1524
사문서위조등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 22, 2011, the Defendant was sentenced to imprisonment with prison labor for the crime of forging private documents at the Suwon District Court on September 2, 201, and the said judgment became final and conclusive on November 16, 201.

Although the written indictment does not contain criminal records, it does not affect the defendant's right of defense, and it is recognized ex officio.

1. On June 10, 2010, the Defendant drafted a copy of “Report on Incorporation of Corporation and Application for Business Registration” in the column of the name of the corporation (organization Name) in the form of report on incorporation and application for business registration, which is kept in the place without authority, on March 10, 2010, in the column of the location of the “B Co., Ltd.”, “C” and the “E” in the resident registration number column of the Gangwon-do Sea Office. A copy of “application for Report on Incorporation of Corporation and Business Registration” in the name of “E” in the name of the corporation (organization name).

The Defendant, in the same manner, prepared a “report on the establishment of a corporation and an application for business registration” with respect to FF Co., Ltd. and G Co., Ltd.

Accordingly, the Defendant forged three copies of the “Report on Establishment of Corporation and Application for Business Registration,” which is a private document on the rights and obligations of the name C.

2. The Defendant, at the above date, at the above time, submitted three copies of the forged “report on the establishment of a juristic person and the application for registration of business” to an employee who is not aware of the circumstances, and exercised the above investigation document.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on incorporation and application for business registration, etc.;

1. Before judgment: Application of the Acts and subordinate statutes governing criminal records and other records of written judgments of the Suwon District Court and of the Suwon District Court 201No3540;

1. Article 231 of the Criminal Act applicable to the facts constituting an offense (the point of Article 231 of the Private Document), Articles 234, 231, and 30 of the Criminal Act (the point of uttering of forged Private Document);

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

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The decision of the latter part of Article 39(1) of the Criminal Act exempted from punishment;

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