(영문) 창원지방법원 2015.10.20 2015노1772 | 리걸엔진

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(영문) 창원지방법원 2015.10.20 2015노1772

사문서위조등

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The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor asserts that the judgment of the court below which acquitted the defendant on the ground that the defendant prepared the minutes of the extraordinary meeting of the E fishing village fraternity under the name of F, G, and H with the implied consent or consent of the above nominal owner, was erroneous in the misapprehension of legal principles or in the misapprehension of legal principles which affected the conclusion of the judgment.

2. Determination

A. On July 30, 2013, the Defendant forged private document 1 in the instant charges: (a) title (i) using a computer to the Suhyup branch located in Suwon-ri 146, Namdong-ri; and (ii) the content of the title (ii) using the computer; and (iii) “1. Date: 19:00-day on July 30, 2013; (iv)

2. Places: E community halls, and village halls;

3. Speaker: E-fishing village fraternity A,

4. Agenda: E fishing village fraternity show 413 (a) sale case in the form of 413: Various Bans of members of the fraternity.

There are many young people who are sleeped in cleaning even in the future.

I would like to start the meeting because 17 of the 18 members of the General Council attend the meeting and the meeting takes place.

Before this meeting, three persons who shall sign and affix their seals to the minutes shall be appointed prior to the meeting.

(b) Signature and seal affixed, E fishing village fraternity: F, fraternity member: G, and fraternity member: He had the name “H” printed out on the paper, and affix the F, G, and H’s seal prepared in advance on the name next to the above F, G, and H.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the minutes of the special meeting of the E fishing village fraternity in the name of F, G, or H, which is a private document concerning rights and obligations or certificates of fact.

2. On August 2, 2013, the Defendant: (a) submitted the forged minutes of the special meeting of the fishing village fraternity to the public official in charge of the reception of a shower in ancient Dong-dong at the same time; and (b) submitted the forged minutes of the special meeting of the fishing village fraternity as if they were duly formed.

B. The lower court’s determination is based on its stated reasoning.

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