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(영문) 인천지방법원 부천지원 2019.11.21 2019고단510 (1)
사문서위조등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operated the defendant corporation B and C, and D is a defendant-friendly person and a representative in the name of the defendant corporation B, and E is a representative in the name of the corporation C.

The defendant, in order to increase the insurance policy of G Co., Ltd. amounting to KRW 30 million to KRW 50 million so that B may purchase additional goods on credit from F Co., Ltd., the defendant thought that B Co., Ltd. will be jointly and severally guaranteed in the name of F Co., Ltd. without the consent of E.

1. Forgery of private documents;

A. On June 28, 2017, the Defendant, without authority, instructed an employee under name, who is not aware of the consent of E, the representative director of C, with respect to the proxy preparation, with respect to the proxy preparation at the office H and B, the Defendant entered the name and resident registration number of E in the proxy letter stating that “A delegate all the powers concerning the amount of guarantee insurance and issuance to BD by F, a corporation, to which B, with respect to the proxy preparation,” and had C affix the seal impression of C, on the next side.

As a result, the Defendant forged a letter of delegation, which is a private document on the rights and obligations of the name C corporation without authority, with the aim of exercising the rights and obligations of the corporation without authority by using a nameless employee

B. The Defendant, at the above date, at the place, ordered an unwritten employee without the consent of E, the representative director of C in relation to the preparation of power of attorney, and ordered D to affix a rubber name plate stating “IJ” on the letter of delegation that “A shall delegate all acts arising out of joint and several surety with respect to the guarantee insurance contract concluded between C and B, a stock company, and G corporation,” and then affix a seal imprint affixed to C, a joint and several surety. At that time, D, who may know the above circumstances, is “B representative director D of the stock company.”

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