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(영문) 서울동부지방법원 2020.10.22 2020고단2582
자격모용사문서작성등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Criminal facts

[criminal power] On June 19, 2014, the Defendant was sentenced to three years and six months of imprisonment for fraud, etc. at the Suwon District Court, and completed the execution of the sentence at the first prison of the Chungcheongnambukbuk Branch on March 10, 2017. On September 7, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court Sejong District Court for the violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence at the Suwon Detention House on February 25, 2018.

On February 6, 2020, the Defendant was sentenced to imprisonment with prison labor and one year and six months for violating the Act on the Control of Narcotics, etc. at the Seoul Central District Court on February 6, 202 and the said judgment became final and conclusive on July 3, 2020.

【Criminal Facts】

The Defendant, upon receiving a proposal from a person “B” on his identity, accepted the proposal to the effect that “B will offer an account by taking place by a representative of a corporation, and deliver the means of access, KRW 200,000 in return for the delivery of the means of access.”

1. The defendant, who prepared a qualification-based document, has accepted the proposal from the above B to conduct a proxy operation in the name of the Corporation D, and there was no consent or delegation from the above corporation or representative with respect to the establishment of a new account in the name of the above corporation.

On May 18, 2018, the Defendant stated “D”, “D’s H subparagraph H of the Seoul Jongno-gu G Building 6th floor in the address column and “I” in the cell phone column using a verification color pen on the paper of “banking transaction application” located in Jung-gu Seoul Metropolitan Government E, and indicated “I” in the proxy personal information column, and indicated “A: the relationship with the principal: the employee: the mandator, the mandator: D: the person who is responsible for the duties, and the mandator: the person who is responsible for the duties,” and marked his corporate seal impression in the above D’s name.

Accordingly, for the purpose of exercising, the defendant prepared a letter of application for bank transaction, which is a private document on rights and obligations, by gathering the qualification of agent of the above legal entity.

2. The Defendant shall be qualified as above to the FF Bank Staff J in knowledge of the date, time, place, etc. set forth in paragraph 1.

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