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(영문) 서울중앙지방법원 2012.09.20 2011고정6531
자격모용사문서작성등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant is a person who served as a representative director in D Co., Ltd. located in Jung-gu Seoul Metropolitan Government C building from August 20, 2007 to March 30, 2008.

On June 9, 2008, the Defendant, at the office of the said D Co., Ltd., prepared a document stating that “the case of request for the settlement of accounts receivable and the confirmation of shares for KRW 445,936,870 of the outstanding amount,” with respect to the E Co., Ltd., which is the business partner, to the E Co., Ltd., the Defendant arbitrarily affixed the name of the corporation indicated in Jongno-gu Seoul Metropolitan Government D Co., Ltd., which the Defendant held as the representative director of the said D Co., Ltd., and the official seal

Accordingly, for the purpose of exercising the right, the defendant's qualification as representative director of the above D Co., Ltd., prepared a private document on certification of fact.

2. The Defendant, at the above time and at the above place, exercised the private document prepared with the qualification of representative director of the said D Co., Ltd., by sending it to E Co., Ltd., who knew of such fact as if it was duly formed.

Summary of Evidence

1. Each legal statement of witness F and G;

1. An interrogation protocol of the accused by the prosecution (including the F substitute part);

1. The police statement concerning G;

1. Investigation report (to hear statements at the H phone of a reference witness);

1. Application of statutes to a copy of a document requesting settlement and confirmation of payment of outstanding amount;

1. Articles 232 and 234 of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. According to the evidence found guilty of Articles 70 and 69(2) of the Criminal Act and the reasons for sentencing prior to the sentencing, ① the Defendant became a nominal representative director of the D Co., Ltd. from August 2007 to March 30, 2008 upon the request of F, a real operator, around August 2007, upon receipt of the request of F, and became the nominal representative director of the D Co., Ltd. from August 20 to March 30, 2008, and ② it is inevitable to serve as the representative director during the period of the

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