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(영문) 창원지방법원진주지원 2020.09.16 2020고단1086

자격모용사문서작성등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant identified C as the representative director of the Company B (hereinafter “B”), and was in charge of accounting affairs in B.

1. Around May 8, 2018, the Defendant: (a) entered B’s corporate name, corporate registration number, representative, etc. in the column for joint and several sureties; and (b) entered C’s name, resident registration number, etc. in the column for delegation with the intent to exercise the right of representation in the “E” office located in Sacheon-si D; and (c) stated B’s name, resident registration number, etc. in the column for joint and several sureties, with the intention to exercise the right of representation granted by C.

The Defendant continued to enter “B” at the bottom of the application for membership, entered “C” in the representative director column, sealed the corporate seal impression prepared in advance, and affixed C’s seal prepared in advance to the name next to the joint and several liability column C.

Accordingly, the defendant, for the purpose of exercising, imitate's representative qualification as agent of B representative director C, and prepared and forged a letter of application for membership of F legal entity C, which is a private document concerning rights and obligations, by using the name of B in the column of joint and several sureties, and also forged a private document or a private document of B or C by using the agent qualification of B representative director C, such as the attached list of crimes.

2. Around May 9, 2018, the Defendant, at a place where it is not known to him/her on or around May 9, 2018, submitted four copies of the private document prepared with qualification as an agent or forged to a person in charge of false name merchant as if the document was duly formed through G with knowledge of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of some prosecutions against G and A;

1. Each protocol of suspect examination of some police officers against A and G;

1. Each police statement of H and C;

1. Each investigation report (the Nos. 10, 11, 13, and 25 of the evidence list), reference materials and recording records shall apply to the law.