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(영문) 의정부지방법원 2018.02.07 2017고단1627

사문서위조등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a member of the clan C, forged documents necessary for the sale of the land owned by the said clan, and used them to sell the land to a third party for the purpose of acquiring pecuniary profits.

1. On September 3, 2016, the Defendant forged a private document: (a) held the C Special General Meeting without the procedures for convening the Special Meeting at a restaurant; (b) and (c) held the C Special General Meeting minutes with the intention of resolving all pending issues, such as taxes and provisional seizure on real estate enclosed by disposing of the land and land and land and land and buildings belonging to the E and F in the C Special Meeting minutes.

After indicating the agenda of the meeting “,” the following: (a) no voting right was delegated by the members of H (Death on December 3, 2012), I, J, K, K, L, etc.; (b) as if the above members were delegated with voting rights by the members of the said clan, the letter of delegation and the list of their delegating members was prepared; and (c) the minutes of the special meeting under C in the name of C were arbitrarily prepared by affixing the seals of each of the above members and attaching them thereto to the minutes of the special meeting of the said clan without authority on each side of their names:

As a result, the Defendant forged a copy of minutes of the C Special General Meeting in the name of C, which is a private document on rights and obligations, for the purpose of uttering.

2. On September 9, 2016, the Defendant: (a) concluded a real estate sales contract with a purchaser with regard to the value of 1460 square meters in the N judicial scrivener office located in the Gyeonggi-si, Gyeonggi-do; (b) and (c) issued forged C minutes of the special general meeting to the saidO that he/she may know of the forgery as if the recorded minutes were genuine.

On November 14, 2016, the Defendant continued to enter into a contract with the buyer for the purchase and sale of real estate with respect to the volume of 426 square meters, which was 426 square meters prior to Mancheon City, at the same place on November 14, 2016, and delivered the forged C special meeting minutes to the above P who knew of the forgery.

3. The Defendant in breach of trust shall be the victim C.