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(영문) 광주지방법원 2017.08.24 2017고단2647
자격모용사문서작성등
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

[Majority Relations] On September 22, 2016, Defendant A was sentenced to imprisonment with prison labor for a violation of the Mountainous Districts Management Act at the Gwangju District Court on June 2, 2016 and the said judgment became final and conclusive on July 12, 2017.

[2] The Defendants: (a) did not have been entrusted with the authority to conclude a sales agency contract and an advertising agency contract by E, the representative of the D Co., Ltd.; (b) did so as to obtain the sales agency contract and the advertising agency contract money from the victim F as if the said authority was delegated.

1. On June 30, 2015, the Defendants, at the office of D Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government around June 30, 2015, indicated “D” in the column for the address of the part of the business executor of the “sale agency service contract” located in Gangnam-gu, Seoul, as “I” in the column for the business operator registration number of “D”, “E” in the column for the representative director, and “D” in the column for the business registration number of the business operator, and continuously stated “D” in the column for the address of the part “A” in the “advertising agency contract” in the column for the address of the part “A”, “D” in the Gyeonggi-do Seosung, the representative director “E”, and the contact column, and the Defendants were voluntarily produced and possessed by the Defendants.

D Company’s official seal was affixed to the above “sale agency service contract” and “advertising agency contract” respectively.

As a result, the Defendants drafted one copy of the “sale agency service contract” and “advertising agency contract”, which are private documents related to rights and obligations, by forging the qualification of the above E’s agent without authority for the purpose of exercising the authority.

2. The Defendants presented the “sale agency service contract” and “advertising agency contract” prepared by the victim at the date, time, place, etc. of the above 1.1., and presented as if the “D representative E” was duly formed, and the Defendants were delegated by E to conclude a service contract.

The phrase “the amount of KRW 20 million is changed in return for the conclusion of the contract and the advertising agency contract for the sale of buildings in units.”

However, the Defendants are the above D representative director.

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