(영문) 서울서부지방법원 2017.06.29 2017고단1178

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(영문) 서울서부지방법원 2017.06.29 2017고단1178

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was elected as the president of the clan around January 31, 2015 and was working as the president of the clan around April 23, 2016.

1. On April 23, 2016, a clan forged C held a general meeting of clan members with the presence of the defendant, among the 40 members of the clan in Seocho-gu Seoul Metropolitan Government D on April 23, 2016.

In that sense, some members, such as E, expressed their opinions to the effect that they cannot understand the details of the use of clan properties, and the debate took place to proceed again on May 2016, and the members F, G, E, and H returned to Korea.

Nevertheless, on April 23, 2016, the Defendant decided to sell the building owned by a clan in the presence of the remaining members of the clan except for the members of the clan returned home on April 23, 2016, and tried to forge the minutes of the clan by affixing the seals of F, G, E, and H to the effect that they attended the general meeting of the clan and passed a resolution to approve the sale of the building owned by the clan on the day.

Therefore, around April 2016, the Defendant prepared the minutes of the general meeting of the clan on April 23, 2016, with the purport that he consented to the sale of the building owned by the clan at the clan office located in Seocho-gu Seoul, Seocho-gu, Seoul, and affixed seals affixed to the name of F, G, E, and H prepared in advance.

Accordingly, the Defendant forged one copy of the minutes of the clan general assembly in the name of F, G, E, and H, a private document on the proof of facts.

2. On May 9, 2016, the Defendant, at the above clan office, delivered the forged clan general meeting minutes as described in paragraph (1) to the representative I of the real estate brokerage office, who knew of the forgery, as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time police statements made to G (including the part concerning the statement of E and H);

1. Minutes of the ordinary general meeting (No. 29 of the evidence list);

1. Application of statutes governing real estate trade contracts, recording records;

1. Criminal facts;

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