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(영문) 수원지방법원 성남지원 2015.10.07 2014고단2513

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From March 2009, the Defendant works as the head of the management office of the Do Office of Seongbuk-gu, Sungnam-si.

The defendant, with respect to the holding of the general meeting of the above officetel management body, was unable to obtain the power of delegation from the above officetel owners to reach the quorum under the bylaws, and was willing to forge the power of delegation.

1. On April 7, 2014, the Defendant, without authority, prepared the 46 proxy form as shown in the attached list of crimes in the annexed sheet from around 2014 to April 26, 2014, by stating “E” in the letter of delegation “1 Dong 324” and “E” in the name column of sectional owners, with the intention of exercising the authority at the above officetel management office.

Accordingly, the defendant forged 46 letter of delegation, which is a private document on the rights and obligations of the owner of sectional ownership such as E.

2. At around 14:00 on April 26, 2014, the Defendant: (a) completed the forged power of representation at the first floor commercial parking lot of the instant officetel as described in paragraph (1); and (b) delivered it to the person in charge of the general assembly who is unaware of the fact that it was duly issued by the relevant sectional owner, and as such, as if it was duly constituted.

Accordingly, the defendant exercised the forged power of attorney.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Proxy letter delegated;

1. A certificate;

1. A letter of delegation for forgery, such as a certificate;

1. Application of statutes, such as a proxy copy;

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

A. Type 1 (Counterfeiting, altering, etc. of private documents) is a basic area (6 months to 2 years).