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(영문) 서울남부지방법원 2017.09.13 2017고정881

자격모용사문서작성등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are members of D clans.

According to Article 8(1) of the Rules of the clan, "the president shall be appointed at a general meeting upon recommendation from the board of directors as a single number." Accordingly, on November 3, 2015, the clan recommended F as a single opportunity by the board of directors held on the seventh floor of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul as a single opportunity.

After that, around November 12, 2015, at the ordinary meeting of the clan held in the office of the H3rd-class competition located in Yeongdeungpo-gu Seoul Metropolitan Government, F shall be appointed as the next president. However, during the ordinary meeting, F was unable to select and appoint the next president due to the difference among the members of the branch for the procedures for appointing the president, while F was the president of the clan at the time of failure to appoint the next president, I declared the closure of the regular meeting of the clan and went out of the meeting place, and the members of the clan who participated in the ordinary meeting at the time of moving out of the meeting place did not ignore the provisions of Article 8 (1) of the Rules of the clan concerning the appointment of the president, and appointed Defendant A who was not recommended as a single president by the board of directors, and Defendant A appointed Defendant B as the president of the clan.

1. Preparation of private documents for qualification solicitation;

A. On November 13, 2015, the Defendants conspired to prepare the minutes of the ordinary general meeting to the effect that “A was elected as the next opportunity at the ordinary meeting of the clan held on November 12, 2015,” despite the fact that Defendant A was not legally elected from the office of Defendant B located in Mapo-gu Seoul Metropolitan Government J 402 as the president of the clan,” the Defendants prepared the minutes of the ordinary general meeting of the D clan Association, and affixed the official seal on the end of the minutes, “A representative of D clan Association,” and affixed the official seal thereon.

As a result, the Defendants conspired to gather the qualification of the president of the D clan Association for the purpose of exercising the minutes of the D clan general meeting, which is a private document concerning the rights and obligations, was prepared.

B. The Defendants, who are not corporations, in collusion to prepare the qualification requirements for the registration statement of correction of the unique number of organizations, shall be the Seoul Yeongdeungpo-gu Seoul Metropolitan Government.