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(영문) 서울북부지방법원 2018.08.24 2017고단5676

자격모용사문서작성

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A served from March 6, 2014 to March 31, 2015 as the representative of the automobile maintenance enterprise in Seongdong-gu Seoul Metropolitan Government C2, and Defendant B leased the building to D.

1. Around May 2015, Defendant B, a transferee of the lease deposit of D Co., Ltd., and Defendant B continued to file a dispute concerning the payment of the lease deposit with E, a transferee of the lease deposit of D Co., Ltd., and Defendant A, in order to use it as favorable material in litigation, etc., proposed that Defendant A prepare a lease agreement and confirmation document in the name of D Co., Ltd., and Defendant A conspired to prepare a document by gathering the name of D representative director with Defendant A’s consent to the above proposal.

Accordingly, at the office of Defendant B located in Seongdong-gu Seoul Metropolitan Government 2nd floor in May 2015, the Defendants signed their respective names on the real estate lease agreement, stating that “Seongdong-gu Seoul Metropolitan Government 2nd floor (Gu building), “Seoul Metropolitan Government 3 million won of monthly taxes,” “Seoul 29 March 2014,” “A lessor B” and “D representative A of the vehicle owner (State),” respectively.

Then, according to the demand of Defendant B, Defendant A is aware of the integrated use of electricity of the second and third floors (D) and there is no objection to the payment by Defendant A (G) for the costs of the integrated use of electricity of the second and third floors (D).

On April 28, 2014, the term “A” was written as D representative director A, and his signature was written next to that name.

As a result, the Defendants, in collusion, prepared a “real estate lease agreement” and “written confirmation”, which is a private document concerning rights and obligations, with the qualification of the D representative director as a private document for the purpose of exercising authority.

2. Exercising private documents which are used by Defendant B for qualifying as Defendant B;

A. The Defendant is Seoul around 16:00 on October 22, 2015.