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(영문) 서울서부지방법원 2018.09.13 2018고합32
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, from around December 2008 to December 2016, as the representative of B clan (hereinafter “instant clan”), thoughted to make a false list of the year of attendance of the meeting attached to the resolution of clans necessary for the transfer of the ownership of the clan property.

On May 15, 2015, the Defendant prepared a written resolution of a clan with the purport that “D Authorized Broker’s Office” located in Pakistan, using computers to appoint and appoint a representative for the sale of land owned by the clan as A, transfer the transaction land to E, and exchange the registration paper for the issuance of “F of an incorporated foundation” with the consent of the unanimous consent of all the members of the clan meeting,” and then arbitrarily affixed the seals G and H’s seals on the annual list of the members present at the meeting attached to the above written resolution of the clan, and submitted the list of the members of the government-affiliated District Court, Goyang Branch Branch Branch, and the registry of Goyang Branch, on May 15, 2015, as if the annual list of members of the meeting was duly completed.

Accordingly, for the purpose of exercising rights and duties, the Defendant forged the list of the year of attending meetings held in the name of G and H on proof of fact, and exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I and the J's respective legal statements, and the witness K's partial legal statements;

1. Application of Acts and subordinate statutes to the resolution of the clan and the list of members present at meetings (the list No. 18);

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion: G, H J, and I indicate “L” as “M”, which is the sex of the registered injury. However, the statement is written as “G” and “H” on the annual list of members present at the meeting subject to forgery.

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