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(영문) 서울동부지방법원 2018.08.28 2018고정567
자격모용사문서작성등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is no longer qualified as the representative by submitting a resignation document on June 9, 2017, dismissed on November 21, 2017, while serving as the president of the C market occupant representative established for the purpose of management for C market reconstruction (hereinafter referred to as the “occupant representative”).

1. On January 2, 2018, the Defendant prepared a private document in the E office located in Gangdong-gu Seoul Metropolitan Government D, stating that “the withdrawal of appeal shall be made by the occupant’s representative meeting,” and written at the bottom of “the above Defendant (Appellant A)’s representative meeting of the C market occupants,” stating that “The Defendant is not entitled to represent the resident representative meeting in connection with the lawsuit seeking confirmation of non-existence of the inaugural general meeting resolution by the Seoul High Court 2017Na2061530, which was filed by the Plaintiff against the Plaintiff’s representative meeting of the C market occupants,” and affixed the Defendant’s seal on the name and affixed the Defendant’s seal.

Accordingly, for the purpose of exercising, the defendant prepared a copy of the withdrawal of appeal, which is a private document on rights and obligations, using the qualification of representative.

2. The Defendant, at the time and place specified in the preceding paragraph, sent a letter of withdrawal of appeal prepared as above to the Seoul High Court to the effect that he/she knew of the fact that the document was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of the statutes governing withdrawal of appeal and certificate of seal imprint;

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 232 of the Criminal Act, the selection of fines for the crime;

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. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of a workhouse (the defendant and his defense counsel submitted a written withdrawal of appeal for the purpose of changing the name of the defendant)

The argument is asserted.

Dop. Dop.

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