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(영문) 수원지방법원 2018.02.07 2017고정2124

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was willing to establish I in order to file a lawsuit claiming the transfer of ownership on the ground of the nominal trust property with respect to 20/26 shares registered in the future D, E, F, G, and H among forest and forest land C, which are registered in the name of trust.

1. On August 28, 2016, from around September 1, 2016 to around September 1, 2016, the Defendant: (a) prepared minutes of the minutes of the extraordinary general meeting and affixed F and G seals arbitrarily, stating the name and address of F, G and G in the column for attendance at the end of the minutes of the extraordinary general meeting, even though there was no fact that the general meeting was held to be held for the purpose of exercising at the attorney-at-law B Office in Suwon-gu, Suwon-si, Suwon-si, J. 302.

As a result, the Defendant appears to have ‘private documents on rights and obligations’ written in the indictment for proving facts as a clerical error in the “private documents on proof of fact,” and even if it is corrected ex officio, it does not interfere with the Defendant’s exercise of right to defense.

F, which is a private document related to the F, the minutes of the extraordinary general meeting in the name of G were forged.

2. On September 2, 2016, the Defendant: (a) filed an application for the registration number for real estate registration with I at the public service center for viewing 159 of the Namyang-gu Eup, Namyang-do; and (b) submitted the forged minutes of the special meeting as if it were duly formed to the public official in charge, who could not know his/her name, as described in paragraph (1) with the accompanying documents, and exercised the minutes as if they were duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Written complaint (including attached documents);

1. An investigation report (Submission of G documentary evidence who files a complaint);

1. Application of Acts and subordinate statutes to applications for the issuance of G locations, communication confirmation data, and registration numbers for real estate registration;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between crimes of forging each private document);

1. Selection of each alternative fine for punishment;