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(영문) 대전지방법원 2012.08.30 2012고정455
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 18, 2011, the Defendant, without authority, recommended a local council recommendation letter, name C, age 69, secretary general meeting (hereinafter referred to as “local council recommendation letter”) and the above person as a candidate for the election of the general meeting director at the 76th general meeting meeting. On October 15, 2011, the Defendant sent an image of the official seal of the Daejeon local council of the B school general meeting held on a computer to the name of “B school local council” and sent it to the above e-mail file attached to the e-mail account, which is the chairman of the general meeting and the e-mail of the e-mail account, by inserting such image of the official seal of the Daejeon local council of the B school general meeting held on a computer.

Accordingly, the Defendant forged a letter of recommendation for the candidate for the election of the president of the Daejeon District Council under the name of the Daejeon District Council, which is a private document on the rights and obligations, and exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and F;

1. Determination as to the assertion of the defendant and his defense counsel on the e-mail screen, local conference recommendation attached to the investigation report (No. 10)

1. The crime of forging a document is established when the document is prepared in a form and appearance to the extent that it is believed that the document was prepared within the authority of the holder of the relevant title deed, since the crime of forging a document cannot be seen as a forged document because the seal of the chief of the local council is not affixed to the personal seal of the chief of the local council.

(See Supreme Court Decision 2003Do3729 delivered on September 26, 2003, etc.). According to the records, the letter of recommendation in the judgment is affixed only with the official seal of the local council, but the seal of D, which is the local council president, is not affixed, and at the time of election of the general meeting head.

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