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(영문) 서울동부지방법원 2015.09.10 2015고단1580
사문서변조등
Text

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

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

Reasons

Punishment of the crime

1. Around January 2, 2014, the Defendant altered private documents added the phrase “(including internal directors)” to the phrase “(including (i) the resignation of the former representative director)” in the letter of resignation of the representative director prepared by the former representative director G around October 14, 2013, and (ii) changed the date from “ October 14, 2013 to “ October 2, 2014” to “14.”

Accordingly, for the purpose of exercising authority, the defendant changed a letter of resignation in the name of G, a private document concerning rights and duties without authority.

2. Around January 2, 2014, the Defendant forged private documents at the E judicial scrivener office located in Jung-gu Seoul Metropolitan Government, the Defendant: (a) prepared the minutes of the general meeting of shareholders without any delegation or approval from G in spite of the fact that G, the representative director of the instant company, was resigned from the inside director; (b) prepared the minutes of the general meeting of shareholders without any delegation or approval from G; and (c) made the E judicial scrivener who is aware of the fact that G, a director of the instant company, proposed that he would appoint the following persons as the inside director at the general meeting of shareholders as the head of the meeting of shareholders; (d) appointed the following persons as the inside director at the meeting of shareholders; and (e) affixed the official seal of G representative director subsequent to the name of G.

Accordingly, the Defendant, without authority, forged a copy of the minutes of the general meeting of shareholders in the name of G, a private document concerning rights and duties.

3. The Defendant has no record of resignation from the internal director of the instant company, even though he had no record of resignation from the internal director of the instant company around January 3, 2014.

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