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(영문) 서울동부지방법원 2016.09.20 2016고정727
자격모용사문서작성등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the head of the E Commercial Building Management Office in Gangdong-gu Seoul Metropolitan Government E Commercial Building Management Office.

The defendant is the head of the management office of the above E commercial building and did not have been entrusted with the payment order for the collection of management expenses from F, the president of the E commercial association.

On August 30, 2013, the Defendant was in custody of a written application for payment order for management expenses prepared against G at the above E commercial management office.

The official seal of the chairperson of the E Commercial Association affixed the official seal of the chairperson of the E Commercial Association in the column of "A chairperson of the representative of the creditor E Commercial Association", and submitted an application for the payment order prepared on the same day to the public officials of the Seoul East-gu Seoul Special Metropolitan City Dong District Court civil service offices

For the purpose of exercising authority, the Defendant, without authority, prepared a copy of the application for payment order, which is a private document on rights and duties, by gathering the qualification of the president of the E Commercial Association, and exercised the application for payment order prepared with qualification ambiguous.

2. In full view of the following circumstances acknowledged by the prosecutor of the judgment and the Defendant’s respective evidence, the Defendant was comprehensively delegated from the head of the E Commercial Building Subdivision to prepare and submit an application for a payment order stating the Defendant as the above Chairperson.

Even if there is room to view, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant had the intention to imitate the qualification of the E commercial prosperity hall, and there is no other evidence to acknowledge it.

A. E commercial prosperity is an organization established by the owners and shop owners (Associate members) of the Gangdong-gu Seoul Metropolitan Government E commercial E commercial prosperity for the purpose of “the purpose of protecting and expanding the common interests of members and contributing to the sound development of the commercial prosperity by establishing mutual friendship among members and order in commercial prosperity.” The owners of the business in E commercial prosperity are obliged to join the above prosperity conference.

(b) The E Commercial Association shall have one chairperson, three vice-chairpersons, and three vice-chairpersons.

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