자격모용사문서작성등
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds of appeal (misunderstanding of facts), although the defendant was not the chairperson of the E Commercial Association (hereinafter “the E Commercial Association”) but did not have the authority to prepare an application for payment order on behalf of the above Association on behalf of the above Association, he prepared and submitted to the court an application for payment order with the defendant as the plaintiff, the defendant as the chairperson of the above prosperity Association, and it can be sufficiently recognized that the defendant had the intention to imitate the qualification of the chairperson of the above Association, the court below erred in the misapprehension of facts and affected the conclusion of the judgment.
2. Determination
A. The Defendant is the head of the E Commercial Building Management Office located on the second floor of Gangdong-gu Seoul Metropolitan Government E Commercial Building.
Defendant is the head of the management office of the above E commercial building and the indictment submitted by the H Prosecutor, who is the president of the instant business association, is indicated as F. However, according to the records, the Defendant was holding office as “H” as the president of the instant business association at the time the instant application for the payment order was prepared.
from this point of view, there was no delegation of payment order for the receipt of management expenses.
On August 30, 2013, the Defendant: (a) sealed the official seal of the president of the instant association, who was kept in custody of the application for the payment order for management expenses prepared by G against G at the above E commercial management office, in the column of “A Chairperson A of the Representative of the Creditors E commercial Association; and (b) submitted an application for the payment order prepared on the same day to the public officials of the Seoul Eastern District Court civil service offices in Seoul, Gwangjin-gu
For the purpose of exercising authority, the Defendant, without authority, prepared a copy of the application for the payment order, which is a private document concerning rights and duties, by gathering the qualification of the president of the instant association, and exercised the application for the payment order prepared with qualification ambiguous.
B. The lower court’s judgment on this part of the facts charged.