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(영문) 대구지방법원 포항지원 2013.09.26 2013고단283
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2005 to May 2006, the Defendant invested KRW 232,00,000 to D Co., Ltd. located in Gyeongsung-gun, Kim Sung-gun. However, from February 2009 to February 2, 2009, the said Co., Ltd.: (a) the Defendant appointed F as the representative director and was in charge of the development of golf courses and the authorization and permission work of the relevant authorities; (b) the Defendant did not have the authority to dispose of the real estate of D Co., Ltd.; and (c) there was no fact that he was delegated the authority to dispose of the real estate of D Co., Ltd.

Nevertheless, in order to raise the above investment funds, the Defendant borrowed personal money from G and H, and as the obligor demanded repayment of debt from the above obligees, the Defendant used the name of F, the representative director of the D Co., Ltd. to trade the real estate owned by D Co., Ltd.

1. On February 7, 2009, the Defendant without authority to use a letter of delegation, sales contract, or receipt paper prepared in advance for computers at I and I Heal hotel located in Daegu-gu, Daegu-gu, around 14:00 on February 7, 2009;

A. In the power of attorney’s address column, “A” and “F” and “A” and their resident registration numbers and addresses are indicated in the indication column of real estate, “D Co., Ltd.” and “A” and “A” and “F delegate all real estate sales contracts and all the powers to A,” in the indication column of real estate;

나. 부동산매매계약서 용지의 부동산의 표시란에 ‘경북 의성군 K(면적 44,826㎡ 13,560坪)’, 대금총액란에 ’금 이억칠천삼백만원 정, 273,000,000‘, 잔액금란에 ’일시불완납함, 2009년 2월 7일 지불, 2009년 5월 31일에 명도하기로 함‘, 매도인 주소란에 ’D주식회사‘, 법인등록번호란에 ’L‘, 성명란에 ’대표이사 F, M‘라고 작성하고,

C. The receipt shall be deemed to be a receipt, and the daily cash shall be deemed to be one million won on the receipt form.

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