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(영문) 인천지방법원 2019.08.23 2019노487

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is the chief secretary of the General Affairs Department of K, an incorporated association (hereinafter “instant corporation”) prior to the instant case, who has, as a chief secretary, voluntarily sealed the director’s seal in practice while preparing the minutes of the meeting of the chairman’s general meeting, and the directors have impliedly affixed them. As such, it should be deemed that G’s implied consent was given to the seals of this case

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and examined by the lower court, it cannot be deemed that the Defendant, without authority, sufficiently recognized that he/she affixed the G seal on the minutes of the meeting of the staff general meeting of the lower court (hereinafter “instant documents”), and that he/she gave the G implied consent on the seals.

The instant document stated at the bottom that “the directors present shall sign and seal the instant document,” but G did not attend the meeting of the plenary session of the relevant plenary session.

B. The instant document was written in the name of seven directors, and the remaining six directors except G were affixed a seal imprint directly on June 24, 2016, which is the day of the meeting.

On the other hand, the seal of G name was affixed by the defendant around July 1, 2016.

C. The Defendant did not notify G of the preparation of the instant document, and did not obtain any express consent on the seals from G.

The defendant stated in the prosecution that G did not speak because G had been aware of the attendance at the meeting, and that G and G had been in the first place, and that there had been an establishment of the Korea Development Bank of China and Japan.

G stated that the document of this case was first examined by the police. D.

G stated in the court of the court below that he/she should administer the branch due to his/her Vice-Speaker and the closing of the branch. G is not a Vice-Speaker or a member of the branch on his/her behalf in the situation where G contests his/her status as above.