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(영문) 수원지방법원 2019.01.24 2018노4367
사문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 (Definite) related to the forgery of each private document and the uttering of a falsified investigation document, the Defendant only prepared the minutes of the extraordinary meeting from February 17, 2015 and the minutes of the extraordinary meeting from December 17, 2015 with the explicit or implied consent of the DM members, and there was no forgery of the said minutes. Furthermore, the Defendant did not have conspired with B with regard to the charge of the use of the private document from December 17, 2015, and did not have any intention to commit the crime. (ii) The Defendant did not have any intention to commit the crime. (iii) The Defendant did not have any intention to commit the crime under the name of SP, G forest (hereinafter “instant land”), AR through AS land (hereinafter “each of the instant land”), etc. with the original DM 2/18 and EM 1816 shares in the instant land, and thus, it cannot be deemed that the content of the registration of the instant land corresponds to the actual relation of EM 16/16.

In addition, the above registration has been completed with the consent of D&M as above.

B. The lower court’s punishment (two months of imprisonment and two years of suspended execution) against the Defendant by the prosecutor (unfair punishment) is too unfunied and unfair.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the Defendant in collusion with B without obtaining the explicit or implied consent of the members of the DNA clan, thereby forging the minutes of the extraordinary general meeting as of February 17, 2015, under the name of 15 of the above 15, and forging the minutes of the extraordinary general meeting as of December 17, 2015, and alone, it can be acknowledged that the Defendant used the minutes of the extraordinary general meeting as of December 17, 2015, under the name of 15, by forging the minutes of the extraordinary general meeting as of December 17, 2015.

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