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(영문) 제주지방법원 2018.06.22 2018고정10

사문서위조등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 1, 2014, the Defendant was appointed and worked as the president of the representative meeting of occupants in B, Jeju, and was dismissed from office by the president of the representative meeting of occupants on August 31, 2014.

1. Although the Defendant is not the Chairperson of the Council of Representatives of Residents in B upon receipt of the notice of dismissal of the Chairperson according to the result of the resident voting, on February 23, 2015, the Defendant entered “D” in the “B Apartment Management Office” in the “B Apartment Management Office” in Jeju-si around February 23, 2015 as “D,” “B apartment management office” in the affiliated column, “E life” in the “date of birth,” and “B apartment management office” in the content column as “B apartment management office as of February 24, 2015,” and written “B apartment management office as the chairperson of the Council of Representatives of Residents in Apartment-si,” and affixed the seal of the Chairman of the Council of Representatives of Residents in B, which was under custody.

Accordingly, for the purpose of exercising, the Defendant forged a letter of appointment, a letter of appointment, which is a private document to prove the fact under the name of the president of the representative meeting of apartment occupants.

2. The Defendant, at the time and place specified in paragraph 1, exercised the instant investigation document to D as if he/she duly formed the letter of appointment prepared as above.

3. On February 23, 2015, the Defendant interfered with the management of the above apartment in the victim F by means of a deceptive scheme, such as granting a letter of appointment of the apartment management complaint to D in the name of the president of the representative council of apartment occupants without authority, in the manner described in paragraphs 1 and 2, at the places described in paragraph (1) around February 23, 2015.

Summary of Evidence

1. Statement made by the police with regard to F;

1. Public announcement of appointment lists, ballot counting and election records, minutes, and decision on dismissal of the representative chairperson;

1. Each judgment (2014 Gohap 379, 2014 Gohap 2934, 2016 Gohap 364, 2016 Gohap 66, 2014 Gohap 396);

1. B apartment management rules and regulations of the apartment management committee [the defendant and defense counsel] B apartment management committee at Jeju (hereinafter referred to as the “instant apartment management committee”).