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(영문) 수원지방법원 여주지원 2018.05.30 2017고정402
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 27, 2016, the Defendant forged private documents: (a) prepared the draft minutes of the meeting of the E board of directors at the E office located in Gyeonggi-gun D on December 26, 2016, in a computer, and sent them by e-mail of the E president; (b) on December 30, 2016, without obtaining consent of the president F, directors G, directors H, and directors I from the said office; and (c) on December 26, 2016, without obtaining the aforementioned consent of the E president F, directors G, directors H, and directors I, the Defendant arbitrarily deleted the “establishment of the countermeasures following the change in the name of the president of the E board of directors” and then printed out and stored in advance the same.

F, G, H, and I’s official seal was affixed on each side of their names.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the meeting minutes of the board of directors in the name of F, G, H, and I, a private document on proof of facts.

2. On December 30, 2016, the Defendant, using the corporate e-mail at the above office, submitted the forged minutes of the board of directors to the J and public officials K, both of which are aware of the forgery, as if they were duly constituted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and I;

1. Documents of meetings ( January 5, 2017);

1. Minutes of the board of directors ( December 26, 2016);

1. Details of the business report (Kakao Stockholm);

1. Official notices sent by both Pyeongtaek-gun of the board of directors' meeting minutes;

1. A statement of fact (A);

1. The Defendant asserted that the investigative report (including the case of receipt and reception of the minutes of the board of directors between the suspect and the complainant) was deleted from the F’s order issued by F to delete the content of the “measures to be Taken following the change in the name of the president” (hereinafter “the part of other discussions”), and denied the instant facts charged.

According to the evidence adopted and examined by this Court, the Defendant’s draft minutes of the board of directors meeting containing the contents of other discussions around 11:30 on December 27, 2017, including the minutes of the board of directors’ meeting and the minutes of the board of directors’ meeting containing the contents of the discussions.

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