logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.02.12 2013노3840
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. The summary of the grounds for appeal (ten years of imprisonment) by the lower court is too unreasonable.

From the defense counsel’s opinion submitted on October 4, 2013, the Defendant asserted that the part of the attached Table 7 No. 5 through No. 11 among the crimes of forging private documents in the 2012 Highest 1254 Case and uttering of the above investigation document, among the crimes of forging private documents and uttering of the above investigation document, the Defendant was implicitly delegated by C’s representative director D with respect to the possession of the above company’s name and the seal impression of the said corporation, and written a contract within the scope of delegation, and thus, the Defendant does not constitute the crime of forging private documents and uttering of the above investigation document.

However, this cannot serve as a legitimate ground for appeal as an assertion filed after the deadline for submitting the grounds for appeal. In addition, according to the evidence duly adopted and examined by the court below, the defendant can be acknowledged that there was no individual and specific delegation of D in relation to the preparation of this part of the contract. It is not permitted to comprehensively delegate his/her authority to another person even if he/she is a legitimate representative director of a stock company, and to allow another person to conduct the business of the representative director. In principle, the act of preparing documents in the name of a stock company by a person who is entrusted with the exercise of authority comprehensively by the representative director constitutes an act of preparing documents in the name of a stock company, which constitutes an act of preparing documents in the name of a person without authority, and it is allowed to prepare documents in the name of a stock company lawfully and specifically only when delegated or consented to the preparation of documents in the name of a stock company by the representative director individually and specifically (see, e.g., Supreme Court Decision 2006Do20

2. The instant fraud crime is determined on a systematic and systematic basis by deceiving and harshly treating the victims who are ordinary people, such as apartment purchase price, deposit money for lease on a deposit basis, and investment money.

arrow