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(영문) 서울중앙지방법원 2017.09.12 2016고정4443

사문서위조등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 08, 2016, the Defendant of a private document forgery: (a) at the sixth floor office of D comprehensive commercial building management unit in the Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, the Defendant delegates the authority to appoint an administrator at a provisional management unit meeting on appointment of a manager at D comprehensive commercial building management unit held at D comprehensive commercial building management unit office in the delegation column, and “A” and “A” on January 28, 2016, 15:00 D comprehensive commercial building management unit office in D comprehensive commercial building management unit.

“Along with the sign of delegation in the name of H, which is a document pertaining to the certification of facts, by entering “2 floor Nos. 6,” “E” in the resident registration column, and “E” in the state column, and “F of Yongsan-gu Seoul Metropolitan Government on the Handphone column,” and forging a letter of delegation in the name of H, which is a document pertaining to the certification of facts.

2. Exercising the relevant investigation document;

A. On April 9, 2016, at the same place as before the preceding paragraph, the Defendant submitted to the president of the temporary manager of the D comprehensive commercial building who is aware of the fact that the said power of attorney was authentic and that it was exercised.

B. On May 27, 2016, the Defendant submitted it to a public service center of the Seoul Central District Court for the purpose of using it as evidence for “an action demanding confirmation of invalidity of a resolution by a management assembly assembly” in the instant case “2016 Gohap 521308.”

(c)

The Defendant submitted and exercised the same date, time and place as Paragraph 2(b) to an employee under the name of the Defendant, who is unaware of the circumstances, for the purpose of using as evidence of “2016 Kahap 804777, the disposition of suspension of duties,”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, H and K;

1. Statement made by the police to J;

1. A report on investigation;

1. Application of an accusation, factual confirmation, power of attorney, and statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;