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(영문) 수원지방법원 평택지원 2015.01.29 2013고단1675

자격모용사문서작성등

Text

No. 1-A of the judgment of the defendant

No. 1-B of the Decision, 1,000,000 for the crime.

The crimes of paragraphs 2 and 3.

Reasons

Punishment of the crime

[criminal power] On February 13, 2013, the Defendant was sentenced to imprisonment with prison labor for six months in the Incheon District Court on February 13, 2013, and is still under suspension of execution, which became final and conclusive on February 21, 2013.

【Criminal Facts】

From June 8, 1999, the Defendant was dismissed from office as the representative director on October 31, 201 while he served as the representative director of the D Co., Ltd. (hereinafter “D Co., Ltd.”).

Since then, on February 13, 2012, the Defendant: (a) assumed office as the representative director and director E; and (b) had not been delegated by F, who was appointed as an intra-company director, with the preparation of the shareholders’ list and the extraordinary shareholders’ meeting minutes; (c) in order to acquire a rental apartment construction business right to the leased apartment lots of 15 parcels, the Defendant forged relevant documents by gathering the representative director qualification of the instant company; and (d) used them to change the representative director of the instant company from E to the Defendant.

1. Preparation of qualification documents;

A. The Defendant, without authority on July 20, 2012, without the authority, possesses A with a view to exercising at a fluoral site on July 20, 2012, “the shareholder registry of July 20, 2012, 21,000 shares of D Co., Ltd.”

The purport of “A” is stated in the originator’s column as “D Co., Ltd. A” and as the representative director of the said company, a copy of the shareholder registry, which is a private document related to the certification of facts, was prepared. B. The Defendant, around May 23, 2013, stated that “A shall be appointed to the Speaker,” “A shall be dismissed from office directors, and H and A shall be appointed as office directors,” and “A shall be appointed as representative director,” written in the “Minutes of the Provisional General Meeting of Shareholders on May 22, 2013,” and written in the originator’s column as “D Chairman A” with the qualification of the representative director of the instant company as “A” and used as a private document concerning the certification of facts, by recognizing the qualification of the representative director of the instant company as the representative director of the instant corporation.