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(영문) 부산지방법원 2013.09.26 2013노1984

자격모용사문서작성등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants, as the persons of the Emarket Merchants Association, entered “(corporation) E market numbering association” in the lessor column in preparing the instant contract for the store use management. In full view of the fact that the E Market Merchants Association is separated from and organized separately from the E market numbering Association, and continuously in conflict with the E market numbering Association, and that the E market numbering Association is widely known to the general public, and it is necessary for the E Market Merchants Association to prepare a separate store management contract with more prudent and to prepare a separate store management contract, the Defendants may be recognized as having dolusent intent with regard to the preparation of qualification documents and the use of qualification documents, but the judgment of the court below is erroneous in the misapprehension of facts or legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case (the facts charged) was managed by the E Market Service Association, an incorporated association, established around October 28, 1969 (hereinafter referred to as the “FI”), and Defendant A created a separate establishment of the E Market Service Association (hereinafter referred to as the “Merchant Association”) on April 15, 201, and Defendant B works as the president of the E Market Association, while Defendant A works as the president of the E Market Association (hereinafter referred to as the “Merchant Association”). At a frequent level on the existing prosperity Association and E Market Management Authority (the imposition and collection of management fees, lease contracts, and collection of public charges, etc.).

1. The Defendants did not have been delegated by F, the president of the prosperity Association, with respect to the preparation of a contract for the use of the E market store.

On June 25, 2011, the Defendants entered into a contract for the use and management of G with the store at the merchant's office located in Seo-gu Busan, Seo-gu, and Defendant B, using the PC installed therein, 200,000 won deposit money for part 52 square meters (one store) from June 25, 2011 to June 24, 2012 in the E market operated by G.