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(영문) 춘천지방법원 2015.08.27 2015고정136
자격모용사문서작성등
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is the same representative before the council of occupants' representatives, and Defendant C is the preceding auditor of the above meeting, and Defendant B was the same representative before the above meeting.

Although Defendant C had not been elected as the chairman of the council of occupants' representatives through legitimate procedures, the Defendants had expressed the qualification of the chairman of the council of occupants' representatives to send official documents for business cooperation to related companies such as apartment management.

1. On April 8, 2014, the Defendants entered, at the E Apartment Management Office of Chuncheon, computers located therein without authority for the purpose of exercising, “business cooperation following the change of the representative of E apartment, the (ju) representative director of E apartment, and the (E) representative of E apartment,” and affixed official seals of the chairman of E apartment council, stating at the bottom that he/she is the chairman of E apartment council, and affixed official seals thereto.

As a result, the Defendants jointly prepared a private document on the certification of fact with the recognition of qualification as the president.

2. The Defendants sent, at the same time and at the same place as in the preceding paragraph, the document drawn up as above by facsimile as if it were a document duly formed.

As a result, the Defendants jointly held private documents prepared to gather qualification.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to the complainants, the representatives of each Dong, the minutes of appointment of extraordinary meetings, the names of business registration certificates, and those of the E-House copies

1. Relevant Article of the Criminal Act and Articles 232, 30 (Preparation of Private Document for Qualification Finding), 234, 232, and 30 (Joint Use of Private Document for Qualification Finding) of the Criminal Act, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendants and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act are determined.

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