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(영문) 창원지방법원 밀양지원 2019.01.24 2018고단109

사문서위조등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 1, 2016 to February 26, 2017, the Defendant, as the president of a regional housing association of the victim B, engaged in the overall operation of the said association and the management of funds.

The Defendant, who did not have worked in the victim cooperative, withdrawn the cooperative funds deposited in D as a salary for his wife C without having worked in the victim cooperative, and had the Defendant thought to use them for personal purposes.

1. On September 26, 2016, the Defendant: (a) drafted and printed out private document forgery (hereinafter “board of Directors”) as “A of the Head of the Regional Housing Association of the Republic of Korea on September 28, 2016,” the Defendant, using the computer from the G director’s residence, prepared and printed out “A of the board of directors’ resolution, expenses for the operation of the association to prepare the general assembly requesting gold days, and for the withdrawal of funds according to the plan to use the funds, such as the cost of attorney-at-law for negotiating land prices, to the land association; (b) signed and sealed the resolution; (c) the director G H H; (iv) director I J H; (v) director K; (v) director MN; and (v) the head of the Regional Housing Association of the Republic of Korea on September 28, 2016.”

Around the 28th day of the same month, the Defendant continued to affix the seals of K, M, andO kept by the Defendant on the name next to the name of the director K, directors M, and auditors at the office of the director I located in Q in Q, and had the seal affixed by the Defendant arbitrarily.

Accordingly, for the purpose of uttering, the Defendant forged a letter of “board of Directors’ Resolution” in the name of K, M, andO, which is a private document related to rights and obligations.

2. On September 28, 2016, the Defendant, at the above I’s office, transmitted the forged “board of Directors’ Resolution” to the employee in charge of D, as described in paragraph (1), as if the document was duly formed, by facsimile, as the document was sent.

3. As above, the Defendant, as the president of the victim’s association, is for the victim’s association, for funds owned by the victim’s association that the victim association trusted to D.