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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant transferred the company’s land to E upon delegation by ASEAN Construction Co., Ltd. and did not receive KRW 440 million out of the purchase price.
In the meantime, the Defendant was awarded a successful bid for the G land owned by E in the name of E in the name of E, transferred the unregistered building owner of E in the name of F, and then intended to pay the proceeds from the loan of the land and building as collateral, but it is anticipated that the change of the name of the building owner is difficult due to the lack of cooperation of E representative director H, the Defendant had registered himself as the representative director of E in the name of E and had the intention to change the name of the building owner.
1. Around November 11, 2013, the Defendant drafted private document forgery and qualification copying documents, the Defendant did not have lawfully held a temporary general meeting of shareholders of E in the J legal affairs office located in Seocho-gu Seoul, Seocho-gu, Seoul, and did not have been delegated or authorized by the representative director E, the Defendant issued documents necessary for the change, etc. of the representative director and the seal imprint to K, and instructed the preparation and submission of documents necessary for the Defendant to take office as the representative director.
On November 14, 2013, the Defendant: (a) prepared a minutes of a temporary general meeting of shareholders stating that “A company E amends its articles of incorporation, the Defendant is elected as an internal director, and the representative director H is appointed as the representative director at the expiration of the term of office of the representative director”; and (b) affixed seals attached to H’s name on the name next to the name of “A company director H who holds office concurrently with the principal”.
Accordingly, the defendant, for the purpose of exercising a certificate of fact, forged the minutes of the temporary shareholders' meeting in H, which is a private document.