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(영문) 수원지방법원 여주지원 2015.08.10 2015고정12

사문서위조등

Text

Defendant

A shall be punished by a fine of one million won, by a fine of one million won, and by a fine of 700,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was the Epician, Defendant B was the Epician, and Defendant C was the Epician, and on February 2013, the Defendants decided to form a “H gathering” (hereinafter “instant clan”) to sell land, such as G, in the event that the games, including the Defendants, E, and F, are in five names.

1. 사문서위조 피고인들은 2013. 6. 10.경 경기 여주시 I에 있는 J 행정사사무실에서 2013. 2. 1. 이 사건 종친회 창립총회를 개최한 사실이 없고, K, L, M으로부터 회의록을 작성하거나 그 회의록의 날짜를 소급하여 작성하는 것에 관하여 동의를 받은 사실이 없음에도 이 사건 종친회 창립총회 회의록을 작성하면서 그 일시 란에 "2013년 2월 1일(금요일) 10:00", 장소 란에 "경기도 여주군 N에 있는 O씨댁", 참석자 명부의 참석자 성명 란에 "K, L, M"이라고 기재하고 그 성명 옆에 미리 소지하고 있던 위 3명의 도장을 찍었다.

Accordingly, the Defendants forged one copy of the minutes of the inaugural general meeting, which is a private document related to a certificate of fact, for the purpose of uttering in collusion.

2. On June 14, 2013, the Defendants conspireded to exercise the above investigation documents and delivered the forged inaugural general meeting minutes to the public officials in charge of the intellectual information team as if they were the documents duly formed, as set forth in paragraph (1), from around 10-ro 100, Sejong-ro, a third-ro, a city in which the games are held.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness K, L and M;

1. Investigation protocol of the Defendants’ Prosecution (including the P and Q statements)

1. A complaint;

1. Application of statutes on minutes of the H inaugural general meeting and copies of the list of participants;

1. The Defendants related to the relevant criminal facts: Articles 231 and 30 of the Criminal Act (the point of each private document in the same Article), 234, 231, and 30 of the Criminal Act (the point of uttering of each private document);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants among concurrent crimes: the Criminal Act.