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(영문) 서울중앙지방법원 2019.04.26 2019고정660
사문서위조등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of Company B (hereinafter “B”), and is a person who operates Company B and D partnership companies (hereinafter “D”).

On April 2017, the Defendant issued two copies of the certificate of seal impression, two copies of the certificate of personal seal impression, and the certified copy of the resident registration under the name of F, from the B office located in the Seocho-gu Seoul Metropolitan Government E building, and from F to F, the Defendant stated that “in order to register the party as the representative director of C, it is necessary to register the party.”

Although the Defendant did not agree to F in registering as a representative member of D, the Defendant had the intention to register F as a representative member of D.

1. On April 2017, the Defendant: (a) accepted the appointment of the Defendant in B office located in the Seocho-gu Seoul Metropolitan Government E building; and (b) as he was appointed by the consent of all the members on April 18, 2017, on the ground that he was appointed by the consent of all the members; (c) on April 18, 2017, the Defendant affixed the F’s seal impression on the letter of appointment, which was in possession of “F of the representative and D Partnership”, on the letter of appointment, and affixed the seal impression on the back to his name.

Accordingly, the defendant, without authority, forged a letter of acceptance in the name of F, a private document concerning rights and obligations for the purpose of uttering.

2. On April 19, 2017, the Defendant: (a) submitted to the registry office of the Seoul Central District Court in Seocho-gu, Seoul; (b) a written acceptance of forged appointment, as prescribed in paragraph (1), to a registry official, who is unable to know his/her name of forgery, along with the written application for registration; and (c) presented it as if the document was duly formed

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A complaint (including attached documents);

1. Each investigation report (to conduct a telephone investigation at the H of witnesses);

1. Investigation report (the report accompanied by a copy of the data on application for registration of the unlimited partnership company), - Copy of the data concerning the application for registration of the unlimited partnership

1. An investigation report (necessary to revise part of the facts constituting an offense following the review of an application for registration).

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