사문서위조등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendants conspired to act in collusion with the Defendant A and F’s joint name without the F’s consent; (b) forged a notice notice of convening an extraordinary general meeting of the Association; and (c) there is sufficient evidence to support this.
Nevertheless, the court below acquitted the defendant on the ground that there is no evidence to acknowledge it. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case is that Defendant A is the president of the D Association, and Defendant B is the representative director of Defendant E who is the executing agent of the said Association.
In the case of a provisional injunction against obstruction of business against Defendant A, even though there was a compromise between the president of the partnership and the president of the father of the partnership, the Defendants were willing to prepare and send a notice of convening a general meeting and a notice of convening a general meeting in the joint name without the consent of F.
1) On May 1, 2012, at around 10:00, the Defendants forged private documents, using the computer at the above E office located in Yancheon-gu, Yancheon-gu, Seoul, and, around 14:00 on May 13, 2012, at the performance hall of the Governor of Jeollabuk-do, to convene an extraordinary general meeting of the association with respect to the matters on the renewal of the renewal of the president of the association and the matters on the delegation of the affairs related to the commencement of the establishment of the association, and entered the “D association”, “A”, “B”, and “F” in each of the said documents, and affixed the official seal of the president of the association next to the said document. Accordingly, the Defendants conspired with the Defendants, a private document on the certification of facts, and a notice on convening an extraordinary general meeting of the association (hereinafter “instant document”).
(2) Each of the Defendants was forged on May 2, 2012 in charge of the said post office, which knew of the forgery at the former post office located in the Yancheon-gu, Seoul Special Metropolitan City on May 10, 2012.