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(영문) 울산지방법원 2016.07.22 2015고정1381

사문서위조등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, while carrying out a sales agency business of “E” in the north-gu, Ulsan-si, Ulsan-si, a car rental business entity, for the purpose of leasing a four-story parking lot, a shop owner’s office and a four-story parking lot, which is a common part, to G, was entrusted by the owners of commercial buildings, including the above H, with the right to lease the above office. However, the Defendant, having the certificate of the seal impression of the shop owner, prepared a power of attorney to the effect that the owner of commercial buildings was delegated by them.

A. On September 25, 2012, at the office located in the above E 205, the Defendant stated that “A shall delegate all the contractual acts regarding the establishment of the right to lease on a deposit basis with respect to the water subject to No. D 203, Ulsan-gu, Ulsan-do, to A” in the letter of delegation that “A shall be delegated” and “H” shall be marked as a black-type pen in the above liter column, and the Defendant posted the H seal which the Defendant created in advance the above H’s seal imprint certificate on his name.

B. The Defendant stated the name and address of 22 owners of H outside commercial buildings in the column of the delegating, among the power of attorney, that “a person shall delegate the authority to use the fourth-story parking lot of the building to A” at the above date, time and place, and then arbitrarily affix the said 23 seal, which was created by reporting the said seal imprint certificate to each name and next to each name.

(c)

피고 인은 위 일시, 장소에서 ‘ 동 건물 138, 139, 140, 141호 상가의 담보 설정에 대한 계약사항 일체의 행위를 A에게 위임한다’ 는 내용의 위임장 중 위 임인( 소유자) 란에 검은색 볼펜으로 ‘( 주) 효성일 렉 콤’ 이라고 기재한 후 그 이름 옆에 피고인이 위 효 성일 렉콤의 인감 증명서를 보고 미리 만들어 둔 효 성일 렉콤의 도장을 임의로 찍었다.

Accordingly, for the purpose of uttering, the Defendant committed the above three-mentioned letter of delegation in the name of the above H et al., a private document related to rights and obligations.

2. The Defendant’s event of the above investigation document is the date and time.