beta
(영문) 서울북부지방법원 2019.10.17 2019고단2143

자격모용사문서작성등

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant is a person who was working as the chairman of the Nowon-gu apartment management committee.

1) On September 19, 2018, the Defendant, as the chairperson of the B Apartment Election Management Committee, was dismissed with the consent of the majority of all households (3,315) including the occupants of the apartment of this case (3,315) by unfairly dismissing three representatives (the 1,5, and 7 constituency). The Defendant was dismissed from office as a member of the B apartment election management committee and became disqualified as a member of the election management committee on September 17, 2018. Notwithstanding that the Defendant was not qualified as the chairperson of the election management committee, the Defendant, on September 19, 2018, entered the title “1,5,7 constituency dismissal” inside the B apartment bulletin board and elevator of Seoul Special Metropolitan City, Nowon-gu, and posted a notice of official seal affixed to the lower part of the B apartment election management committee’s “B apartment election management committee chairman”. Accordingly, the Defendant drafted one copy of the official seal attached to the B apartment election management committee’s signature and seal affixed to the “written request for the foregoing B apartment election management”.

For the purpose of exercising this, the defendant prepared a copy of the content certificate, which is a private document concerning rights and duties, using the qualification of the chairman of the above B apartment management committee.

B. 1) The Defendant posted a notice to be seen as B apartment 3,315 households, which is aware of the fact, at the time and place indicated in paragraph (a)(1)(i) and as if it was duly formed.

2) The Defendant sent to B apartment management office by mail and exercised the certificate of content prepared at the time, time, and place mentioned in paragraph (a)(2) as if it were duly formed.

2.