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(영문) 광주지방법원 2020.02.13 2019고단4171
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 7, 2015, the Defendant acquired 200 million won investment from B as capital, and purchased the land of Young-gun, Young-gu, Young-gu, Seoul, which is owned by the Mine-gun Office, and established (State) D on September 17, 2015, and he/she assumed office as a representative director and director, respectively.

(State)The Defendant, while managing the account as the representative director of D, took overall control of the tasks relating to financing and budget execution.

In order to prepare the criminal agreement amount, the defendant forged the minutes of the D Council meeting, submitted them to the bank, and tried to receive money by collateraling the land in Yong-Namnam-gun, Jeonnam-gun.

1. Forgery of private documents;

A. On December 15, 2015, the Defendant prepared a meeting minutes of the board of directors on December 15, 2015, “B of the board of directors as of December 15, 2015” to the effect that the Defendant would receive a loan of the said land as collateral and did not obtain any consultation or consent with the said director and hold a meeting of the board of directors related thereto. On February 1, 2016, the Defendant arbitrarily signed the minutes of the board of directors on each name of “B of directors,” “H,” “I” and “I” to the effect that the said land owned by the company would be subject to a loan of KRW 100 million as collateral. Accordingly, the Defendant forged one copy of the meeting minutes of the board of directors in the name of the said company, such as the foregoing private document related to a certificate of fact without authority for the purpose of exercising the right. On February 1, 2016, the Defendant did not obtain any consultation or approval with the said company’s directors on the additional loan of the said land as collateral,” 201 million won.

Accordingly, the defendant, without authority, has a copy of the meeting minutes of the board of directors in the name of the above B, etc., a private document concerning a certificate of fact.

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