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(영문) 인천지방법원 부천지원 2017.06.30 2017고합71
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes” on January 29, 2016, at the Incheon District Court sentenced Defendant A to six months of imprisonment and Defendant C sentenced to four months of imprisonment, respectively, and the above judgment became final and conclusive on February 5, 2016.

Defendant

B On November 18, 2015, in the Incheon District Court Branch Branch of the Incheon District Court, he was sentenced to a suspended sentence of four months of imprisonment for embezzlement, etc., and on November 26, 2015, the above judgment became final and conclusive.

【Criminal facts of the Defendant: (a) forged the minutes of the instant clan with respect to the members of the clan of G (hereinafter “instant clan”) and H (Death on March 12, 2015) that is the same clan, and the North Korea-gu I, J, K, L, or M (hereinafter “instant land”) that is the ownership of the instant clan and changed H into the representative of the instant clan; (b) revised the articles of association to sell the instant land to sell its property only with the consent of its executives, and conspired to divide profits therefrom by selling the instant land.

The Defendants and H arbitrarily created the minutes of their own clan on June 15, 2012, with the agreement of the officers of the clan, in accordance with the above public offering, H as the chairperson of the instant clan, from the New Certified Judicial Scriveners Office located in the north of the Si/Spoon on June 15, 2012, in order to elect them as the executives of the instant clan, and to dispose of the clan properties with the consent of the officers of the clan.

On July 9, 2013, the Defendants show the forged articles of association and minutes to Q, who is an employee of P Co., Ltd., a company actually operated by victim P, in H and H, and on July 9, 2013, the Defendants sold the instant land to the Party because: “H has the authority to dispose of the land owned by the clan as the president of the clan, A, the general affairs, and other two members are the members of the clan.

“.........”

However, the above articles of association and minutes did not go through a legitimate clan general assembly, and the Defendants did not have legitimate authority to sell the land of this case to the victims because they were arbitrarily forged.

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