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(영문) 서울중앙지방법원 2014.11.20 2014노2434
사문서위조등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of various circumstances, including the summary of the grounds for appeal (fact-finding and misunderstanding of legal principles) that the minutes of the board of directors meeting as of April 12, 201 of the instant case did not include any further descriptions in the minutes of the board of directors as of April 12, 201; that the form is different from that of the minutes of other board of directors; that the writing is not a writing of M; and that the painting is different from the painting that M has been used.

2. The summary of the facts charged in this case is that Defendant A is the president of the L Union in Dongjak-gu Seoul Metropolitan Government, Defendant D is the standing auditor of the above union; Defendant C is the above union secretary; Defendant C is the above union adviser; Defendant B is the above union adviser; and Defendant E is the non-standing auditor of the above union.

The Defendants, on April 27, 2012, filed a complaint with the Seoul Central District Prosecutors' Office on charges of occupational breach of trust on the grounds that Defendant A and D paid bonuses to union executives, etc. on the ground that Defendant A and D did not have any different provision regarding bonuses in the above union regulations or remuneration regulations, with the Seoul Central Prosecutors' Office on April 27, 2012, the Defendants attempted to use the "board of Directors' Meeting Minutes" to prove that bonuses were paid through legitimate procedures.

The Defendants’ meeting minutes, date and time: 16.00 minutes of the board of directors on April 12, 201, place: 405 K Building’s office (No. 405), and discussed agenda items on the paper A4 using computer work programs in the early August 2012.

1. Cases of preparation for holding the first extraordinary general meeting, 201;

2. Having indicated the contents of the “cases of full-time officers of the cooperative (partnership director, auditor, general secretary, secretary) and paid staff (director)”, the following: (a) the Defendants’ names, positions, etc. are stated in the column of attendance and resolution of the meeting of the board of directors; (b) the seals and seals are affixed thereon; and (c) the seals and seals of M, which had been held in advance on the name of the general secretary of the cooperative; and (d) the Seoul Central District Public Prosecutor’s Office located in Seocho-gu Seoul Central Public Prosecutor’s Office, Seocho-gu, Seoul Central Public Prosecutor’s Office, which knew of

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