logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.12 2016노868
업무상횡령등
Text

The judgment below

The guilty part shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Of the facts charged against the Defendant, the lower court found the Defendant guilty of forging private documents, and sentenced the Defendant to a suspended sentence of six months, and sentenced the Defendant not guilty of the occupational embezzlement.

However, since an appeal is not filed against the crime of occupational embezzlement which found innocence by filing an appeal against the forgery of a private document or the uttering of a falsified document which the court below found guilty, the above part of the crime of occupational embezzlement is judged not guilty. Therefore, the remaining part of the judgment of the court below, except the part of innocence, is the object of the

2. The signature and seal book (hereinafter “this case’s signature and seal book”) bound to the minutes of the C’s general meeting of the C’s fishing village fraternity (hereinafter “instant general meeting”) held on August 30, 201 (hereinafter “instant general meeting”) was signed and sealed by the executive secretary of the fishing village fraternity, who prepared the above general meeting minutes, from the members of the fishing village fraternity attending the above general meeting with the help of X immediately after the completion of the above general meeting’s general meeting minutes. Since the above minutes were recorded and completed, the above minutes were recorded and the signature and seal book of this case were bound in the above general meeting minutes, and the Defendant did not forge the general meeting minutes of this case.

Even if the minutes of the instant general meeting are written differently from the contents of the meeting made at the actual general meeting, the crime of forging private documents cannot be established, which is merely a forgery stating false contents.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine and erroneous determination.

3. Determination

A. A. On March 2007, the Committee on Countermeasures against Fishing Village Forgery 1 of the facts charged of the instant case is a golf course with respect to a golf course that is scheduled to be constructed in the Eth of the Da and Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

arrow