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(영문) 전주지방법원 2017.05.25 2017고정234
사문서위조등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From June 9, 2016 to June 9, 2016, the Defendant is a person who served as a manager of administrative affairs related to the management of an apartment complex B in the United States-gu.

On September 5, 2016, the Defendant, without authority, recruited three election management members in accordance with Article 33 of the Rules on Management of Apartment Units for the purpose of exercising the following: “I, without authority, open recruitment of election management members and open recruitment of third election management members for the purpose of exercising the right.”

The filing period: By September 5, 2016 to September 7, 2016, the term of office: the number of applicants: September 7, 2016 to June 30, 2017; the number of applicants: two persons, and the B Apartment Residents' Representative Meeting on September 5, 2016, respectively; and affixed the official seal of the B Apartment Residents' Representative Meeting on the next side.

As a result, the Defendant forged a public notice of recruitment of election management members, which is a private document on the proof of the fact in the name of the president of the representative council of apartment occupants.

2. The Defendant, at the same time and place as the entry in paragraph 1, posted a public notice of recruitment of the election management members, which is a private document regarding the verification of facts under the name of the president of the representative council of apartment occupants B, forged by the method referred to in paragraph 1, at the 7 entrances of the above apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Public announcement of open recruitment of election management members (a forged document), consignment agreement on management affairs, B apartment management rules, and application of text message statutes;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment prescribed in the crime of conspiracy of the relevant investigation documents heavier than the quality of the crime);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the defendant, the head of the apartment management office, is the chairperson of the tenant representative meeting.

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