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(영문) 서울중앙지방법원 2014.06.20 2013고정2616
사문서위조등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in this case is that Defendant A is the president of the L Union in Dongjak-gu Seoul Metropolitan Government, Defendant D is the standing auditor of the above union; Defendant C is the above union secretary; Defendant C is the above union adviser; Defendant B is the above union adviser; and Defendant E is the non-standing auditor of the above union.

The Defendants, on April 27, 2012, filed a complaint with the Seoul Central District Prosecutors' Office on charges of occupational breach of trust on the grounds that Defendant A and D paid bonuses to union executives, etc. on the ground that Defendant A and D did not have any different provision regarding bonuses in the above union regulations or remuneration regulations, with the Seoul Central Prosecutors' Office on April 27, 2012, the Defendants attempted to use the "board of Directors' Meeting Minutes" to prove that bonuses were paid through legitimate procedures.

The Defendants’ meeting minutes, date and time: 16.00 minutes of the board of directors on April 12, 201, place: 405 K Building’s office (No. 405), and discussed agenda items on the paper A4 using computer work programs in the early August 2012.

1. Cases of preparation for holding the first extraordinary general meeting, 201;

2. Having indicated the contents such as the name and position of the Defendants in the column of attending and passing a meeting of the board of directors, and affixed the seal of M in advance, which is the general secretary of the association, and submitted to the Seoul Central District Public Prosecutor’s Office located in Seocho-gu Seoul, Seocho-gu, Seoul, on August 14, 2012, the forged meeting minutes of the board of directors as above were duly constituted by the N Prosecutor who is unaware of the forgery.

As a result, the Defendants conspired to use one copy of the “board of Directors’ Minutes” in the name of M, which is a private document on rights and obligations, for the purpose of exercising them.

2. Determination

A. The Defendants and the defense counsel’s assertion held a board of directors meeting on April 12, 201, and the board of directors.

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