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(영문) 서울중앙지방법원 2013.06.14 2012고단4993

자격모용사문서작성등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

E Co., Ltd. (hereinafter “E”) is a corporation established for the purpose of collecting non-performing loans after acquiring them and collecting them. On July 2, 2009, the Seoul Central District Court rendered a favorable judgment and dismissed all appeals and appeals, and the judgment became final and conclusive on May 13, 201.

Accordingly, E had a title of debt amounting to KRW 13.8 billion in total, including approximately KRW 6.7 billion in principal and interest KRW 7.1 billion in the above final judgment. E applied for a compulsory auction for real estate amounting to KRW 6.9 billion in the amount of KRW 6.9 billion, the Defendant had the intention to forge the E’s list of shareholders and minutes of shareholders’ meeting in order to acquire the money distributed to E in the auction procedure, and to register the Defendant as E’s and in-house directors.

1. Preparation of qualification documents;

A. On August 1, 2011, the Defendant: (a) at the real estate development office near Jongno-gu Seoul Jongno-gu Office where the name is unknown; (b) despite that there was no fact that E’s temporary general meeting of shareholders was convened, the Defendant deliberated on the following: (a) the number of shareholders present at the office on August 1, 201; (c) the number of shareholders present at the Gangseo-gu Seoul Metropolitan Government G; (d) the number of shareholders present at the office; (e) the case of dismissal of directors; (e) the case of the appointment of directors; and (e) the case of partial modification of the articles of incorporation. The Defendant prepared a temporary general meeting minutes stating that “The existing representative director, directors, and auditors are all dismissed and the Defendant is appointed as the inside director and the chairman; and (e) at the end, “In-house director A” was written as the “in-house director”; and (e)

Accordingly, for the purpose of exercising, the defendant prepared a copy of the minutes of the special shareholders' meeting, which is a private document concerning the certification of facts, using the qualification as the chairman of the temporary shareholders' meeting.

B. The Defendant is the E’s list of shareholders, notwithstanding that it is not a E’s shareholder or internal director at the time and place of entry in the paragraph (a).