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(영문) 수원지방법원 2013.09.26 2012고단6434
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, using the custody of D’s seal, who is a director of C&C corporation, attempted to forge the minutes and appoint E, etc. as director and dismiss F from the office of representative director, as if D did not have participated in the general meeting of shareholders and the board of directors.

1. Forgery of private documents;

A. On November 1, 2010, the Defendant prepared a minutes of a provisional shareholders’ meeting to the effect that “E, H, I, and J shall be appointed as a director” under Article 201 of the G Building 201, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and carried the name of D in the company director column and carried the seal attached thereto in advance.

Accordingly, for the purpose of exercising, the defendant has forged a copy of the minutes of the temporary shareholders' meeting in the name of D, which is a private document concerning rights and obligations.

B. The Defendant prepared the minutes of the board of directors’ meeting to the effect that “C Co., Ltd. is relocated to 201, Suwon-gu, Suwon-gu, Seoul Special Metropolitan City G building 201” at the date, time, place, and place of the above paragraph (a), and signed D’s name in the company director column and affixed a seal,

Accordingly, for the purpose of uttering, the defendant has forged a copy of the minutes of the board of directors in the name of D, a private document concerning rights and obligations.

C. On November 12, 2010, the Defendant removed F and K, a director of the C&C corporation, from office, “after preparing a minutes of a provisional shareholders’ meeting to the effect that “after the preparation of the minutes of the temporary shareholders’ meeting to the effect that the C&C corporation is a director,” and affixed a seal carried in advance on his name.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the minutes of the temporary shareholders' meeting in the name of D, which is a private document on rights and obligations.

The Defendant prepared a minutes of the board of directors meeting to the effect that “F is dismissed from the office of representative director, and E is appointed as representative director,” at the date, time, place, and place specified in the foregoing paragraph (c), and affixed a seal with D’s name stated in the company director column and affixed the seal

This is about the rights and duties of the defendant for the purpose of exercising.

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