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(영문) 서울남부지방법원 2019.09.24 2018노1301
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the Defendant prepares the articles of incorporation and management expenses under the name of the representative of the “B occupant” as stated in the facts charged and submits the said articles of incorporation to the court.

However, the term “B occupant” is different from the victim B’s council of occupants’ representatives (hereinafter “victim’s council”) made by the defendant, and the victim’s organization is not a legitimate entity and there is no legitimate representative from E claiming that the representative is the victim’s association. Thus, the above act of the defendant is not a qualification as the representative of the victim’s organization, and even if not, each of the above documents prepared by the defendant does not have the form and appearance to the extent that the general public believe that it is a true document by the nominal owner. Thus, the above act of the defendant does not constitute the crime of preparing qualification documents and the crime

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. On August 30, 2016, the summary of the facts charged 1: (a) the Defendant, using a computer for the purpose of exercising the error of facts or misapprehension of the legal principles, voluntarily printed out the “B occupant representative” at his/her discretion to the effect that the Defendant “articles of Incorporation” at the top of the first page of the A4 site; and (b) “B complex shall constitute a merchants’ conference and pay management expenses to KRW 35,000 or KRW 20,000,” and then, at the first section, shall be reduced to KRW 20,000 each month by reducing the management expenses for commercial buildings and KRW 30,000 on the following page.

“B.” at the bottom of the former.

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