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(영문) 수원지방법원 2021.01.21 2020고단4636
자격모용사문서작성등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Although the Defendant did not have been appointed as the representative of the Victim’s clan B (hereinafter “the instant clan”) for the crime of embezzlement No. 2, the Defendant was willing to gather the qualification of the representative of the instant clan in order to sell the forest land of 5,851m2 (hereinafter “the forest land of this case”) in D (hereinafter “D clan”) in order to sell the forest land of this case, which is the ownership of the instant clan, to D (hereinafter “D clan”).

1. Preparation of private documents for qualification solicitation;

A. On March 27, 2017, the Defendant prepared a document stating that “The forest of this case shall be sold at KRW 60 million to the middle class D” as the title of the “Real Estate Contract,” and attached the Defendant’s seal next thereto, stating “B clan A” in the seller’s column as “B clan representative.”

B. On April 22, 2017, the Defendant: (a) at the Defendant’s residence located in the Sinsung City around D, even though there was no resolution to donate the forest of this case during D while the instant species were made, the Defendant, using a computer, stated that “six from among 10:0 am on April 22, 2017, 100 to 10:0 am on April 22, 2017, 200 to 8 members of the attending clan,” and prepared a document to the effect that “the instant forest is donated to D during the instant clan, and the Defendant is appointed as the representative of the instant clan,” signed a document to the effect that “B representative A” with the name attached thereto, and (b) continuously signed a document to the effect that “the instant forest is donated to D among the instant species,” and then written the official seal attached thereto.”

Accordingly, the defendant is entitled to gather the qualification of the representative of the clan of this case.

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