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(영문) 서울중앙지방법원 2015.12.18 2015고단6756
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 15, 2015, the Defendant used C’s certificate of personal seal impression, resident registration certificate, seal, etc. purchased through the Internet website to establish D and E.

1. Forgery of private documents;

A. A. Around April 16, 2015, the Defendant related to the establishment of D Co., Ltd.: (a) at the “G Certified Judicial Scriveners Joint Office” located in Gangnam-gu Seoul Metropolitan Government F, the Defendant, who was aware of the fact that the Defendant intended to establish a company by arbitrarily using C’s certificate of personal seal impression, etc., had the employees of the said office prepare a document necessary for the establishment of D using a computer, stating the matters of investigation and research (whether the elements of the articles of incorporation are met, whether the matters of issuance of stocks are appropriate, and whether the total number of stocks issued at the time of the establishment of a company are accurate, etc.); (b) the “Investigation Report”, stating the contents of “A, etc., as an internal director and auditor, appointed at the general meeting of promoters on April 12, 2015,” and (c) sign and seal the appointment of each of the above C Co.’s name after producing and printing a letter of consent to appointment, respectively.

Accordingly, with the aim of exercising authority, the Defendant forged one copy of investigation report and acceptance of appointment in the name of C, which is a private document concerning rights and duties and certification of facts.

B. The Defendant, at the same time and place as in the preceding paragraph, and at the same time and place, as in the foregoing paragraph, the promoters’ general meeting is held at the Gangnam-gu Seoul Metropolitan Government HH Establishment Office stating that the employees of the said office who may know that the Defendant intended to establish a company using C’s personal seal impression, etc., as above, are indicated as “the general provisions of Chapter I, Chapter II shares, and Chapter III debentures on April 12, 2015,” and “the promoters C, etc.” using a computer.

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