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(영문) 광주지방법원 2019.11.28 2019고단1074

자격모용사문서작성등

Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Although the Defendant, as a member of the clan C, has not obtained consent from the members of the clan to modify the bylaws or to sell the real estate owned by the clan, the Defendant changed the clan rules so that he can easily dispose of the property of the clan, changed the registered titleholder of the forest land located in Yongnam-gun, Jeonnam-gun, the real estate owned by the clan to the Defendant, and prepared a resolution to sell the forest land of this case to the Defendant, and sold the land owned by the clan arbitrarily.

On March 19, 2018, the Defendant did not hold a clan general meeting with the purport of changing the C clan’s clan rules from G to A, and did not have made a resolution to change the clan representative from G to sell the forest land of this case, the Defendant stated in the clan rules that “The general meeting of Article 17 shall be determined on December 31 of each year, and the special meeting shall be convened by the Chairperson at the request of the board of directors and the members above the majority of the number of the members present.” The meetings of each level of Article 18 shall state “A” in the name of the above A, stating “A” and stamped the Defendant’s seal on the name of the representative, and (2) written resolution that “The real estate representative shall be replaced from G to 200 million won,” stating “A” as the representative column, and affixed the Defendant’s seal on the name of the above A.

Accordingly, for the purpose of exercising, the defendant prepared the above clan rules and resolution, which is a private document on rights and duties, by gathering the qualification of the representative of the clan.

B. On March 29, 2018, the Defendant is qualified as a public official in charge of registration of false name through a certified judicial scrivener H in the Young-gu District Court’s Yeongdeungpo-gu Office located in the Young-gu, Young-gu, Young-gu, Gwangju District Court on March 29, 2018.