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(영문) 광주지방법원 2014.09.04 2014고단2061
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On December 2012, the Defendant agreed to operate apartment construction business with D and the same business, and completed the establishment procedure of E for the purpose of housing construction business. On March 7, 2013, the Defendant completed the registration of incorporation of E for the representative director and for E for the inside director of D as representative director.

Since then, the Defendant considered that “it is necessary to exclude D without good credit status from E director”, which was around August 12, 2013, demanded D to provide that “three copies of the personal seal impression, seal impression, and property tax receipts will be prepared, as it entered the bank documents,” and that D had D bear the personal seal impression, seal imprint, etc. from around August 13, 2013.”

Since then, the Defendant arbitrarily prepared a resignation certificate of D with the aforementioned possession of D’s certificate of personal seal impression, etc., and tried to exclude D from E’s directors.

1. On August 13, 2013, the Defendant: (a) found the G Certified Judicial Scriveners Office located in Gwangju Northern-gu, Gwangju; (b) had the said certified judicial scrivener, without authority, aware of the purpose of exercising his/her authority, enter the title as “private document” using the computer program; and (c) stated in the following part as “in-house director of the Company that he/she was an in-house director of the Company that he/she would resign from his/her office under personal circumstances; and (d) printed out the private document into A4 form by stating “in-house director D” on August 13, 2013; and (b) made him/her affix his/her seal imprint affixed thereon; and (c) forged a letter of resignation in the name of D, a private document related to a certificate of fact.

2. Around August 14, 2013, the Defendant continued to exercise the above investigation documents by having the staff of the said certified judicial scrivener office submit a letter of resignation under the above forged D name to a registered official who is unaware of the fact, as such, as the above had been duly formed in the registry office of the Gwangju Seo-dong District Court.

3. The defendant shall be a director of Corporation E with public electronic records, etc.

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