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(영문) 서울서부지방법원 2018.02.21 2016고정1590
사문서위조등
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The Defendant, as a co-representative director of Company B (hereinafter “B”), was willing to register D as a in-house director of Company C (hereinafter “C”) without the permission of D, a co-representative director of Company B, when newly establishing Company C (hereinafter “C”).

1. On February 14, 2013, the Defendant forged a private document: (a) around February 14, 2013, at the name-free certified judicial scrivener office located in Seomun-dong, Jung-gu, Seoul; (b) had employees E, who are aware of the absence of D’s consent, prepare a written acceptance of appointment to the effect that D accepts D’s taking office of director in the company by using a computer; and (c) had been kept in custody with D prior knowledge of such fact.

D's seal impression was stamped by the name of D.

Accordingly, for the purpose of uttering, the Defendant forged a letter of acceptance in the name of D, which is a private document related to rights and obligations.

2. On February 14, 2013, the Defendant: (a) around February 14, 2013, at the registry office of the Seoul Central District Court located in 14, the Seocho-gu Seoul District Court, the Seocho-gu Seoul District Court: (b) had the above E submit a false written acceptance of taking office, such as paragraph (1), as if he/she were duly formed, to the public official in charge of registration under the name

3. The Defendant entered false information, such as public electronic records, at the time and place specified in paragraph 2, and the fact was not found to have been appointed as a director of C in-house, and the above E applied for registration of establishment of C, including the content to be appointed as a director of C in-house.

Accordingly, the public official who is not aware of the fact was electronically entered in the register of the corporation in electronic records C, so that the registration of the corporation is completed to appoint D as the in-house director in the register of the corporation in electronic records C.

Accordingly, the defendant made a false report to a public official and recorded false facts in an electronic record.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement No. D in the suspect interrogation protocol against the defendant 1.

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