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(영문) 서울남부지방법원 2019.10.25 2018노999

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the use of a private document fraud; (b) the misunderstanding of facts or misunderstanding of legal principles as to the use of a private document; (c) the method of keeping and managing the corporate seal impression and the certificate of personal seal impression of Pyeongtaek Co., Ltd. (hereinafter “E”); and (d) the fact that G reversed the statement at any time at an investigative agency and the court of the original instance; and (c) the circumstance

B’s statements are also not reliable.

Nevertheless, the court below takes the statements of G and B as evidence of guilt.

The Defendant asserted at the lower court that, under the permission of B, he/she prepared documents necessary for the transfer of the patent right and design right of this case after obtaining a corporate seal imprint from G from G with the approval of B. The lower court, namely, the following circumstances revealed by evidence, such as G and B, that G would not transfer a patent right, but use the Defendant’s director’s resignation, and stated that G would have delivered a representative director’s seal impression to the Defendant. When telephone conversations between the Defendant and G on January 24, 2017, the Defendant would not report the transfer of the patent right to G to B. B; B knew of the transfer of the patent right to the Defendant around January 31, 2017; the Defendant asserted that the patent right was terminated on January 19, 2017; however, the Defendant continued to work for the said company on January 19, 2017; the Defendant prepared documents for the waiver of the patent right and the transfer of the patent right to G and the transfer of the patent right to the Defendant at any time, and prepared documents for the transfer of the design right to B.