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(영문) 의정부지방법원 고양지원 2013.07.04 2013고단478
사문서위조등
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. Forgery of private documents;

A. On May 25, 2010, the Defendant entered into a stock transfer agreement with E in the office of D Co., Ltd. located on the fourth floor of the Gangseo-gu Seoul Metropolitan Government building 4, without having entered into a contract for stock transfer with E, the Defendant entered into a stock transfer agreement with E on May 25, 2010, stating “E” in the name column of “transferr (A)” with the content that E would transfer 1200 shares of the said company to the said Defendant and pay 6 million won in return, and affixed E’s seal imprint which was kept adjacent to the said name after entering the above E’s resident registration number, etc.

Accordingly, for the purpose of exercising, the Defendant forged a letter of stock transfer contract in the name of E, a private document on rights and obligations.

B. On May 25, 2010, the Defendant drafted a receipt on May 25, 2010, stating that E received KRW 6 million as the purchase price for a share transfer in the same manner as the above date, at the same time, at the same place, and indicated “E” in the “Y” column, and affixed a seal imprint of E in custody following the name.

For the purpose of exercising this, the Defendant forged a receipt in the name of E, which is a private document concerning a certificate of fact.

2. On January 2012 to March 201 of the same year, the Defendant at the Seoul Southern District Court located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, submitted a forged share transfer contract and a receipt form to the said court civil and employees as evidence as if they were duly formed.

Summary of Evidence

1. A legal statement made in part appropriate to the defendant's statements;

1. Each legal statement of witness E and F;

1. Statement made to the suspect in compliance with each protocol of suspect examination (2 and 3 times) by the prosecution (including the whole part and the part replaced with F);

1. The statement E suitable for the suspect's interrogation protocol of the police is replaced by the statement.

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