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(영문) 부산지방법원 2019.08.20 2019노912
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Minutes of an extraordinary general meeting of mistake of facts and misapprehension of legal principles (hereinafter “Minutes”) are merely written by a person authorized to prepare a document that goes against the truth (a.e., forgery), and documents under another person’s name are not written without the person’s name. Therefore, such minutes are not subject to punishment for forging private documents and uttering of an extraordinary investigation document.

Even if it is not so, the defendant prepared the minutes in accordance with the previous practice, which was prepared only in the form of minutes without an extraordinary general meeting at the time of comprehensive prior delegation by the members and the entry of new members, and therefore, he did not have any intention to forge and exercise the minutes.

Nevertheless, the court below convicted all the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court and the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal principles, the lower court’s conviction of all of the charges is just and acceptable, and the lower court did not affect the lower court’s judgment solely with the evidence submitted by the defense counsel in the trial. Therefore, there is no error of misapprehension of legal principles or misapprehension of legal principles on this part.

① In order to join E as a new member, the minutes attached to the list of participants shall be prepared by the Busan Regional Veterans Office; according to the C Operational Rules, it is necessary to approve more than a majority of the members present at the general meeting of members at the time of entry of new members; there is no signature or seal of the defendant or employees in charge of preparation; and the seal of members is affixed to the list of participants attached thereto.

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