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(영문) 서울동부지방법원 2021.02.17 2020고단1025
공정증서원본불실기재등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On July 17, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of forging private documents at the Seoul Eastern District Court, and the said judgment became final and conclusive on the 25th of the same month.

[2] The Defendant is a person who was the head of a family in the second sentence from October 2010 to November 2017.

Where a clan meeting is to be held, the legitimate convening authority shall convene a meeting and notify all its members who can be notified of the convening of a general meeting, and since the property owned by the clan belongs to the collective ownership of the members of the clan, if the management and disposition of the clan first is prescribed by the clan regulations, it shall comply with such regulations, and if there is no clan regulations on this issue, it shall be decided by a resolution of the

According to Article 10 subparag. 4 of the above text, “The consent of at least the majority of the executives and at least 40 persons shall be passed at the time of purchase and sale of the species.” On April 2, 2016, the general meeting held on April 2, 2016 attended the meeting of 16 members, including the defendant, and passed a resolution on the disposal of the forest land of this case, and thus does not meet the requirements for the disposal of the clan property of this case. Ultimately, the defendant did not receive lawful and effective delegation from the above sentence regarding the disposal of the forest land of this case.

1. Making false entries in the original deed of process and exercising the original deed of process with false entries;

A. Nevertheless, the Defendant, without going through lawful procedures for convening a clan meeting, prepared a “resolution of directors (executive officers)” to the effect that the Defendant, on November 2, 2016, arbitrarily designated C and D as a director and did not actually hold a director (executive officers) meeting, which is invalid for selling the 7019 square meters of land E forest land in the public city, the land in the above sentence, by unanimous opinion. On January 18, 2017, the Defendant prepared a “resolution of directors (executive officers)” to the effect that “a resolution shall be passed by all the members of the staff who may not be aware of such fact by using the said resolution of directors (executive officers) at the mechanical office, such as Daejeon District Court’s official support, etc.

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