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(영문) 수원지방법원 성남지원 2019.08.20 2019고정441

사문서변조등

Text

Defendants are not guilty.

Reasons

1. Defendant A was the president of the facts charged from February 28, 2014 to February 27, 2017, and Defendant B was a financial director of the above sub-council during the same period. The Defendants were affiliated with the sub-committee for promoting the financial soundness of the above sub-councils (real estate purchase) and were promoting the purchase of real estate equivalent to 268 square meters located in Gyeonggi-nam-si D and E.

The Defendants, on August 16, 2016, filed an application for the registration of transfer of ownership of F Real Estate, but on August 18, 2016, were ordered by the registry to amend the purport that “the minutes of an ordinary general meeting of 2014 and the minutes of the board of directors for the acquisition of real estate shall be shipped” from the registry. The Defendants erred that the contents related to the acquisition of real estate should be included in the minutes of an ordinary general meeting, and thus, sentenced the Defendants to modify the minutes of an ordinary general meeting.

Accordingly, on August 2016, the Defendants changed the contents of “The Haak-gu Office G located in Sungnam-si, Sungnam-si, to the employees H of the office H using a computer network (hereinafter “instant meeting minutes”) and sealed the Defendants’ seals to the effect that “The Haak-gu Office President shall delegate to the author the right to appoint officers (the vice-chairperson and the officer) and the right to dismiss officers and the right to rent the center office in accordance with the articles of incorporation,” and that “I shall delegate to the author the right to appoint the officers (the vice-chairperson and the officer) and the right to dismiss the officers (the vice-chairperson and the officer) and the right to acquire real estate (the vice-chairperson and the officer) by the articles of incorporation.” In addition, the Defendants changed to the effect that “I will delegate to the author the authority to rent the center office,” and affixed a seal to the effect that I are identical to the original at the bottom of the printed document.”

(hereinafter “instant modified minutes”). Accordingly, the Defendants conspired with each other to hold a general meeting, which is a private document in the name of 191 members, such as I on a certificate of fact.