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(영문) 인천지방법원 2015.11.24 2015고단2212
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 13, 1999, the Defendant: (a) had a title trust with B and E 11 lots of land, the Defendant: (b) died of C on April 4, 2014; (c) prepared a minutes for establishing a clan with falsity in order to recover the said real estate; and (d) prepared a false minutes for establishing a clan in order to recover the said real estate.

1. On April 2014, the Defendant forged a private document, prepared the rules of the J clan and minutes of the inaugural general meeting of the clan in the first certified judicial scrivener office located in the Jung-gu Incheon, Jung-gu, Incheon, and marked the name of K, L, and M using a black pen on the documents and marked the name of K, L, and M in advance, followed by that name.

Accordingly, the defendant, for the purpose of uttering, has forged the rules of the J clan and the minutes of the inaugural general meeting of the clan in the name of K, L, and M, which are private documents related to rights and duties.

2. On April 21, 2014, the Defendant: (a) issued the forged rules of the J clan and the minutes of the inaugural general meeting of the clan to employees who are not aware of the forgery in the family branch of the Daegu District Court located in 67 of the Sung-gun, Sung-gun, Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, a document, as

The crime of forging a private document is established in case where a person, who does not have a legitimate authority to state the content thereof, prepares a private document against the will of the person who affixed the seal, stating the content thereof in excess of his/her authority, and the person to whom his/her authority has been delegated, and where the document is to be prepared by deceiving the holder of the title deed, even if the signature and the seal are duly formed, the defrauded makes the document to be prepared against the will of the person who affixed the seal by using the holder of the title deed (see, e.g., Supreme Court Decisions 74Do2035, Jul. 13, 1976; 91Do2815, Mar. 31, 1992; 200Do778, Jun. 13, 200).

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