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(영문) 서울중앙지방법원 2016.11.30 2016고정2893
자격모용사문서작성등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the director of the marketing division.

1. Around November 12, 2011, the Defendant signed his/her signature on the next page of the document “D head office A” in the bottom of the document, “Agreement on the Repayment of Substitutes,” written by the Yeongdeungpo-gu Seoul Metropolitan Government 3, a Kao-dong 5th floor CGV film theaters of the Kao-dong 3, a Kao-dong, Seoul Metropolitan City, on the 5th floor of the Kaoo-dong

However, the defendant did not have been delegated by D with the power of representation to transfer five unsold stores under the pretext of payment in kind, such as the above agreement.

Accordingly, for the purpose of exercising, the Defendant drafted a “Agreement on the Performance of Substitutes”, which is a private document on rights and obligations, in which D representative qualification is gathered.

2. The Defendant, at the same time and place, delivered to the sectional owners of the above commercial building through E, as if the “Agreement on the Payment of Substitutes” prepared was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F, G, and E;

1. A complaint;

1. Written consent;

1. A written agreement;

1. A letter of contract for qualification with a certified architect;

1. Court rulings;

1. Internet bulletin;

1. Recording notes (at the time of preparation of a private document for qualification);

1. Data for business explanation;

1. Application of the Acts and subordinate statutes on video CDs;

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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