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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On December 4, 2010, the resolution to elect the defendant as the chairperson from the extraordinary general meeting of the D Class D Council (hereinafter “the instant clan”). However, on September 13, 2012, E filed against the Religious Council (the chairperson) of the instant case against the chairperson, the resolution to elect the defendant as the chairperson was invalidated upon the confirmation of the loss of the Religious Council of the instant case.
Nevertheless, on November 13, 2012, the Defendant: (a) filed an application for a compulsory auction of the amount of KRW 131,140,431 square meters with respect to 2,873 square meters in the name of the Defendant’s obligation to pay the construction cost to the instant clan Association; (b) as a result, the Defendant distributed KRW 146,425,797 to the said F; (c) as to the instant clan Association, the Defendant was distributed KRW 146,425,797, the Defendant prepared and submitted a false articles of association, etc. as if the Defendant was the president of the instant clan Association; and (d) intended to receive the said KRW 146,425,797, supra.
1. On September 8, 2013, the Defendant prepared the articles of association of the instant sub-council using a computer on a paper A4 form at the residence of the Defendant I in the Gyeonggi-si, Gyeonggi-si, I, and written “D sub-council A” at the end of the articles of association, and affixed the Defendant’s seal next thereto, even though it is not a closed-class representative.
Accordingly, for the purpose of exercising the right, the Defendant drafted one copy of the articles of association of the instant clan, which is a private document concerning the certification of facts.
2. On September 23, 2013, the Defendant: (a) served as an employee of the above auction room who does not know of the fact as having duly formed the articles of incorporation, which was prepared by the Suwon District Court at the innju branch court located in Suwon-dong, Suwon-dong; and (b) held on September 23, 2013.
3. The Defendant, on September 23, 2013, filed an application for the delivery of dividends to the instant case involving H real estate compulsory auction at an auction room with the said Suwon District Court.