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(영문) 서울중앙지방법원 2014.11.26 2014고정3880
사문서위조
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. located in the second floor of Gangnam-gu Seoul Metropolitan Government C Building.

1. On April 17, 2012, the Defendant: (a) at the office of the said D Co. Ltd. (D) around April 17, 2012, the title of “board of Directors’ Meeting Minutes”; (b) “The meeting room of the headquarters of April 17, 2014: (c) the number of directors present at the meeting room of 00:4: 5: 4: the total number of directors present at the meeting; 1: 1: the total number of auditors present at the meeting; 1: 1: 1: the current capital is difficult in view of the business size of the said D Co., Ltd.; and (d) explained that it is necessary to issue new shares by issuing new shares without any objection from all members; and (c) signed and sealed this minutes to clarify the progress and result of the above D Co., Ltd.; and (d) signed and sealed the name and seal of the director and the auditor present at the meeting in advance after stating the “Director E”.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the meeting of the board of directors under the name of E, a private document concerning a certificate of fact.

2. On April 19, 2012, at the office of D Co., Ltd., Ltd., the Defendant: (a) designated the above person as his/her principal’s agent and delegated all the authority to commission notary public law firms to certify deeds signed by private persons; (b) consented that no objection is raised even if he/she acts as his/her agent or as both agents; and (c) printed out the document written by the delegating director E; and (d) sealed the E seal prepared in advance on the name of the said E, stating that “F Gyeonggi-si G apartment 402-106, Won-gu, Seoul, 2012.”

Accordingly, the defendant is a private document related to rights and duties without authority for the purpose of exercising.

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