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(영문) 서울중앙지방법원 2016.06.15 2015고정4548
사문서위조등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, in order to dismiss E, a person who acts as a representative of the chairperson of the representative meeting of occupants of D Apartment in Seocho-gu Seoul Metropolitan Government, and to organize a new representative meeting of occupants, prepared a document using the name of the chairperson of the representative meeting of occupants of the above apartment and had the mind to exercise it

1. On July 8, 2015, the Defendant forged private documents at D Apartment Management Office located in Seocho-gu Seoul Metropolitan Government around 15:00, the Defendant: (a) the fact is that the Defendant was not the Chairperson of the Council for the Representatives of Residents of the said apartment; (b) the head of the Management Office F, who was aware of the fact, is not the Chairperson of the Council for the Representatives of Residents of the said apartment; (c) the “G 15-09” in the document number column; (d) each return of the representative in the reception column; and (e) the “Council for the Representatives of Residents of July 13, 2015” in the content column; and (d) the deliberation of the detailed statement on the imposition of management expenses for the six months on the agenda; and (d) the preparation date of the document column stating “F of the Council for the Representatives of Residents of the Apartment Housing” in the name of the Council for the Representatives of Residents of the said apartment; and (d) keeping the output in advance using the printing machine.

D The official seal of the chairperson of the representative meeting of apartment occupants was affixed to the name next to the name of the representative meeting.

Accordingly, the defendant, for the purpose of uttering, forged 12 copies of the notice of the regular representative meeting in the name of the chairperson of the representative meeting of the D apartment occupants, which is a private document related to rights and obligations.

2. On July 9, 2015, the Defendant, at around 10:00, posted 12 copies of a forged public announcement on each of the above apartment units on the bulletin board, and exercised the same as if he/she had been actually formed to the nameless apartment residents who knew of such forgery.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Recording of the witness E's statement in the third public trial records;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Relevant Article 231 of the Criminal Act concerning criminal facts and the choice of punishment (the point of Article 231 of the Private Document and the selection of fines).

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