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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of E Co., Ltd. in Bupyeong-gu Incheon, and F is the auditor of the same corporation.
On January 23, 2015, the Defendant filed a civil suit against the Jyyang Branch of the Jyyang District Court against F to confirm that 6,000 common shares issued by the said stock company were owned by the Plaintiff.
1. On January 30, 2015, the Defendant forged private documents, without authority, prepared a written response to the purport that 6,000 shares of such common shares are owned by the Defendant using a computer for the purpose of submitting them for the said civil procedure at an irregular place, and affixed F’s seal kept by the said stock company on the name of F.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the response in the name of F, a private document on rights and obligations.
2. On February 4, 2015, the Defendant held a false answer as if he/she duly formed a forged written answer at a public service center at the Jung-gu District Court Goyang Branch of the High Court, which was aware of the forgery, as described in the above paragraph (1).
Summary of Evidence
1. Partial statement of the defendant (the fact that the defendant prepares a written answer and submits it to the court);
1. Legal statement of witness F (in particular, the part without consent to the preparation and submission of a written answer);
1. Application of Acts and subordinate statutes to the complaint, progress of each case, and reply;
1. Relevant Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reasons for sentencing) is not that the nature of the crime of this case, in which the defendant prepared and submitted to the court a written answer in order to obtain favorable results in the litigation.
However, the defendant is the first offender who has no criminal power, and only the victim is the victim in civil procedure.