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(영문) 창원지방법원 진주지원 2017.10.13 2017고정308
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant, as the owner of the 1st floor commercial building B in Jinju-si, leased the previous building to C and allowed C to conduct a general restaurant business. However, as the contact was cut down without reporting the restaurant closure, C did not neglect to make a report on the restaurant closure, the Defendant was willing to forge the power to report the succession to the status of the general restaurant operator in the name of C in order to lease the said building to D, thereby allowing D to succeed to the status of the general restaurant operator.

1. On March 2, 2016, the Defendant: (a) obtained the phone from the E, an employee of the branch office of the Korea Food and Drug Association established in 298-34, Jinju-si, Seoul Special Metropolitan City, the other party of the 298-34, and (b) delegated E with the preparation of power and a certificate of transfer to report the succession of the status of the Defendant as if the Defendant was C; and (c) made E with the content that “C transfer the F cafeteria’s goodwill and facility to D”; (d) made E using the computer, signed the transfer certificate with the content that “C transfer the F cafeteria’s business license and facility; and (e) continuously made E sign the “C” on the name of the transferor using the pent’s computer, and continuously made C sign the letter of delegation with the content that “C delegate the authority with respect to the report on the succession of the status of the operator of the F cafeteria.”

As a result, the defendant instigated E who is not subject to punishment for de facto impairment, thereby forging C's transfer certificates and power of attorney, which are private documents related to rights and obligations.

2. On the above day, the Defendant at the event of the above investigation document shall delegate the report of succession to the status of the proprietor to E after receiving the call from the above E, and in the case of the above-mentioned day, the Defendant reported the succession to the status of the general restaurant operator with respect to C as a general restaurant operator in charge of receiving the report of the general restaurant business, in the case of the above-mentioned group for the viewing of 155, Jinju-si, Jinnam-si, the above day.

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