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(영문) 서울동부지방법원 2017.05.11 2017고단555

사인부정사용등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2015 to April 2016, the Defendant vicariously performed the duties of the Chairperson of Seongdong-gu Seoul Metropolitan Council of Rental Apartment Tenants from around July 2015 to April 2016.

A person is a person who was elected as the chairperson on September 12, 2016 by the first patrol officer from June 2016 to September 11, 2016.

On September 3, 2016, E, F, and G, a member of the above lessee's representative meeting, decided to dismiss D at will by holding a lessee's representative meeting in opposition to the above D's performance of duties.

However, the above meeting held that the procedure and requirements for convening the meeting prescribed in Articles 22 and 23 of the above apartment management rules (the purpose, date, place, and agenda item of the meeting shall be notified in writing to the representative of the Dong at least five days before the meeting is held, and such notification shall be made on bulletin board or Internet homepage, and the meeting held that a majority of the nine members shall be present at the meeting) shall be null and void.

On September 4, 2016, at the Defendant’s residence located in the above apartment 202 Dong 2302, the Defendant affixed a seal (the seal of the resident representative meeting which was lost in around 2012 and kept by the Defendant) affixed to the seal (the seal of the resident representative meeting which was found and kept by the Defendant) affixed to “the resident representative meeting” in advance without authority for the purpose of exercising the meeting minutes on September 3, 2016, which was held by E, and submitted the meeting minutes on September 3, 2016, with the seal affixed to the employee in charge of the above apartment management office, who is aware of it through E.

Accordingly, the defendant used the seal of the other person in a fraudulent manner, and used the seal of the other person in a fraudulent manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the parts concerning D or E statements);

1. A written accusation;

1. Application of Acts and subordinate statutes to copies of minutes;

1. Article 239 of the Criminal Act applicable to the crime and Article 239 (1) and (2) of the Criminal Act of the choice of punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.