logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.07.17 2013노1527
사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. A prosecutor (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) 1) The Defendants had I et al. prepare the instant agreement without the consent of the victim L, and did not have to anticipate ratification of L on the preparation of the instant agreement, as well as did not obtain ratification. 2) Since the Defendants used the instant agreement forged by the Defendants with the delegation of voting rights to shares from the victim N, and obtained the deduction of the management rights of G Co., Ltd. L operated by the victim by taking advantage of the instant agreement, fraud is established.

3) According to the statement made by Defendant B and I in the investigation agency of Defendant I, it is clear that Defendant B and I did not affix their seals on the minutes of the board of directors meeting on April 3, 2009. 4) The sentence of the lower court against Defendant A (fine 3 million won) is too uneased and unfair.

B. The sentence of the lower court against Defendant A (unfair form of punishment) is too unreasonable.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The court below held that the Defendants’ forgery of a private document and the uttering of the above investigation document due to the forgery of the instant agreement were ① in the presence of L, the vice president and vice president of X, N and G (hereinafter “instant company”), and discussed the countermeasures against the delisting and transfer, etc. of the instant company from time to time, including the Plaintiff and vice president of X, N and G (hereinafter “instant company”). ② On the day when L met with X, I had an employee make L visit L along with X and affixed L seal; ③ Defendant A did not participate in the process of signing the instant agreement, and Defendant B was only present at the time of signing the instant agreement; ④ Defendant A did not raise any objection after confirming the contents of the instant agreement; and L also withdrawn the said agreement in light of the fact that Defendant A filed a complaint against the charge of forging the private document and the fact that he participated in the process of preparing the above agreement, and that his name was known.

arrow