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(영문) 춘천지방법원 강릉지원 2018.01.11 2016고단1157
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was a representative of D Limited Corporation located at the time of China, the interest of the representative director of Korea C Corporation.

A person who was a fraudulent person of E, and was engaged in the total accounting of D Limited Corporation from around 1997.

The Defendant, due to the disagreement on the financial situation of D D D Limited Corporation and the inflow of additional investment money, was in conflict with E, the principal, E, and F, the E, and F, the son, entered into a contract for the acquisition of assets of D D D Limited Corporation with G, China, around August 2013, and left Korea with H, who is an employee of the said company, and left Korea, using the fact that the Defendant, the actual manager of the said company, can easily access the seal of the company, the Defendant, the actual manager of the said company, was able to change the company’s representative from E to the Defendant and arbitrarily change the company’s name.

1. Forging a private document;

A. A. On September 10, 2013, the Defendant: (a) around September 10, 2013, at the D D Limited Office located in the Incheon Metropolitan City of China; and (b) notwithstanding the absence of any consent or delegation from E with respect to the change of the representative of the company, the Defendant prepared “1. E” using a computer kept therein through the said company’s name undissatisfy employees to dismiss the president and the statutory representative; (c) “2. A is dismissed from the position of directors; and (d) “A is appointed from the position of the president and the statutory representative; and (e) printed out the “an unsatisfy” with the content that “E is appointed from the position of directors; and (e) signed in the originator column; and (e) signed the name of D Limited Corporation, corporate seal imprint, and E’s seal imprint

Accordingly, for the purpose of uttering, the Defendant forged a letter of appointment and dismissal under the name of E, a private document on proof of facts.

B. On September 23, 2013, the Defendant, in the shareholder resolution letter, was not the name of the said company, even though there was no consent or delegation from E with respect to the change of the name and representative of the said company at the D-D Limited Office located in the city of Mancheon-gu, China.

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