사문서위조
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal stated to the effect that the Defendant was well aware of the content of the copy of the temporary general meeting of shareholders of this case at the time of the investigation by the prosecution two times, and was at the site at
N has been instructed by the Defendant and K to change directors of the KABC and transfer shares.
In full view of the fact that the representative director, at the time of the preparation of the above minutes, was the defendant, and the defendant's name and seal are affixed to the above minutes, the defendant sufficiently recognized that he forged the copy of the temporary general meeting of shareholders as recorded in the facts charged, but the court below acquitted the defendant, and there is an error of law by misunderstanding the facts.
2. Determination
A. The summary of the facts charged is the representative director of the Dispute Resolution Co., Ltd., and D is a director of the same company.
The Defendant did not attend a temporary general meeting of shareholders with the contents of replacing the director positions of the above company, and did not have agreed on the replacement of D and the director positions, despite that D did not have any agreement on the replacement of D and the director positions of the above company, the Defendant was willing to forge a copy of the temporary general meeting of shareholders with the contents of D in order to make sure that D attended the temporary general meeting of shareholders
On May 21, 2015, the Defendant is appointed at the head office of the “ADB Co., Ltd. Co., Ltd. Co., Ltd.” located in Busan Seo-gu E and 101, and F to remove directors G, directors H, respectively, from office of a temporary general meeting of shareholders, and to appoint the J as directors D, I, and auditor respectively.
In order to clarify the progress and results of the above doctors, this minutes shall be prepared and signed and sealed by the Speaker and the directors present at the meeting.
C Chief Director of the Corporation
A. Having the Director D prepare a document stating “D” and had D affix D’s seal on the name next to D.
Accordingly, for the purpose of uttering, the defendant records a temporary general meeting of shareholders in the name of D, which is a private document related to rights and obligations.