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(영문) 춘천지방법원 영월지원 2018.01.23 2017고정105
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 7, 2015, the Defendant, as a member of the clan B, was elected as the representative of the clan at an extraordinary general meeting of the said clan, and thereafter filed a lawsuit to confirm the status of a clan representative with the Suwon District Court. On May 21, 2015, the Defendant appealed the judgment of dismissal on the grounds that the said extraordinary general meeting cannot be deemed to have been conducted by the Suwon District Court’s notice of convening a general meeting or by legitimate convening a general meeting in accordance with the regulations, and the Defendant appealed against the appeal and voluntarily withdrawn the lawsuit.

Although the defendant was aware that he was not the representative of the clan even though he was elected as the president of the clan by the resolution of the special general meeting as above because the resolution of November 14, 2015 was not effective, the defendant had C, the general secretary of the above clan, prepared a muster notice to convene the general meeting of the clan on November 14, 2015, and had the defendant enter the defendant in the bottom of the convocation notice as "B Representative A".

For the purpose of exercising as above, the Defendant drafted a muster notice on rights and obligations by vague recognition of the president of B’s representative.

2. On November 9, 2015, the Defendant: (a) had a general secretary C send a notice of convening an ordinary general meeting by mail to 123 members, who were prepared as described in paragraph (1), at a influent place of not more than the class of the class of the class of the Gangwon-gun, Gangwon-do from around November 9, 2015 to October 10 of the same month.

Accordingly, the defendant exercised the document created by the method described in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Notice of convening an ordinary general meeting of 2015, receipts of postal charges, registered mail receipts, and the results of case search;

1. The application of Acts and subordinate statutes to a complaint (afford copies of data, such as rules, minutes, rules, photographs of meeting rooms, list of participants in the meeting, written judgment, records of proceedings, etc.);

1. Article 232 of the Criminal Code for the crime at issue (a point of preparation of private documents for qualification) and Article 234 of the Criminal Code for the crime at issue.

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