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(영문) 수원지방법원 2017.06.15 2016노8602
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, upon L’s request by L’s request, the representative of the occupants of C apartment (hereinafter “instant apartment”), prepared a draft for reference to the revocation of the successful bid of the pipeline construction company (hereinafter “instant document”) and sent it to L’s final decision-making authority, the Defendant does not directly affix the official seal of the Management Office in the instant document, and the Defendant intended to change the pipeline construction company or did not have any authority or status, the Defendant did not have any intention to commit a crime to forge or exercise the document under the name of the Management Office.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous in finding facts.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. 1) The summary of the facts charged in the instant case was the chairperson before the representative meeting of C apartment occupants.

C The representative meeting of apartment occupants selected D Co., Ltd. as a successful bidder on November 21, 2013, by conducting a bid to implement the "replacement of water supply and hot water supply" construction, but the defendant, who had the representative meeting of occupants in connection with the above construction, had been able to award a successful bid to the Sung Franchi Co., Ltd., which had been contacted in advance.

A) On November 22, 2013, the Defendant forged a private document under the title "in relation to the replacement of water supply and hot water supply" at the house of Sungnam-si, Sungnam-si, Sungnam-si, c apartment E, 315 Dong 1505, hereinafter "in relation to the replacement of water supply and hot water supply and hot water supply": The head of the business headquarters F, and see it is inevitable to conclude a contract because it is proved that the Defendant was unable to satisfy the "(4) c' of 6-1 (the first submitted document) of the notice of the tender for shipping at the ear company related to the construction project as a result of the filing of a civil petition with respect to the certificate of performance of 'Ma' of the notice of shipping at the ear company related to the construction project, and confirmed the contents closely.

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