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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant was the representative director of each LAB and the representative director of the LAB, and D was the respective representative director of the BB factory automation division.
On June 30, 2016, the Defendant instructed the employees of the non-existence Bank Co., Ltd. Co., Ltd. in Seocho-gu Seoul Metropolitan Ebuilding F to prepare an agreement on technology transfer and merger and takeover between the Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. (hereinafter referred to as the “instant agreement”) and printed out in the party column by using the computer by stating “B Joint Representative D,” and then signed the Defendant’s corporate seal on the name side of D.
Accordingly, the Defendant arbitrarily prepared a written agreement in the name of D, which is a private document on rights and duties without authority for the purpose of exercising the above rights and duties, and forged it.
On the same day, the Defendant continued to deliver a forged agreement to H through I, who is a director of the Fund for the Settlement of Disputes, which is aware of the above fact.
2. Determination
A. Since the subject to whom the intention or concept expressed in a document drawn up by the representative director of the relevant legal doctrine corporation is not an individual representative director, the nominal owner of the document shall be deemed a stock company.
Therefore, whether the above act of preparing a document constitutes the above Article shall be determined according to whether the originator has the authority to lawfully prepare a document under the name of the corporation.
On the other hand, the legitimate representative director of a corporation has the authority to do all judicial or extrajudicial acts with respect to the business of the corporation, so in principle, the act of the representative director directly preparing documents in the name of the corporation does not constitute the preparation of qualification documents or the same
This is a case where the content of the document is made out in a false manner contrary to the truth or by abusing the power of representation for the benefit of himself or a third party.