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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Although the Defendant did not intend to transfer 500 shares of C Co., Ltd. owned by B to the Defendant, the Defendant did not intend to arbitrarily prepare a “contract for the transfer of shares” in the name of B to the same effect and had the said shares owned by B.
1. On February 1, 2017, the Defendant drafted a “contract for the transfer of stocks” in the name of B using a computer program in order to exercise the same without B’s consent at the Defendant’s residence of Bupyeong-gu Incheon apartment E, Bupyeong-gu, Incheon, by means of the Korean language program. “Quantities: 500 weeks, unit price: 5,000 won, and sale price: 00 won (2,50,000 won). To clarify this contract, the Defendant shall keep one copy after affixing the signature of “A” and “B”, respectively.
"Name B, resident registration number: F, address of the transferor: F, and name of both parties: name A, resident registration number: H: address and address of Dong-gu Incheon Metropolitan City; name of the transferor; name of H and address; name of Dong-gu Incheon Metropolitan City; name of Dong-gu; name of Dong-gu, Incheon Bupyeong-gu; and name of Dong-gu, Incheon; affixed B seal arbitrarily produced by the defendant on the name of the transferor
As a result, the Defendant forged a “stock transfer contract” in the name of private document B, which is a private document on rights and obligations for the purpose of exercising authority without authority.
2. On February 10, 2017, the Defendant in the instant investigation document submitted a written contract for transfer of stocks forged at the “Seoul Tax Office” in the indictment of the Incheon Tax Office through the I Tax Accounting Office. However, according to the witness L’s testimony and evidence submitted by the Defendant, it is recognized that the employee of the I Tax Office delegated by the Defendant submitted the said written contract for transfer of stocks to the Incheon Tax Office.
An alteration of a method of exercising a forged document is specified in a counterfeited document, and the defendant's intent, political party act, defense of a political party, wording, and legal acts.