사문서위조등
The judgment below
The remainder except the fraud shall be reversed in whole.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);
A. According to the evidence submitted by the prosecutor, although the defendant could sufficiently be found to have borrowed KRW 50 million from the victim C with the intent to acquire by deception, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.
B. According to the evidence submitted by the prosecutor on December 23, 2009 and December 25, 2009, the fact that the use of the private document was made by the prosecutor on December 23, 2009 and the use of the above investigation document, the court below erred by misapprehending the legal principles or misapprehending the legal principles, although it is sufficiently recognized that the defendant had affixed his seal on the loan certificate of this case without the consent of F, his wife, and delivered it to J through K without knowing the forgery.
C. According to the evidence submitted by the Prosecutor on May 18, 2010, the court below acquitted the Defendant of this part of the facts charged, in so determining, there is an error of misapprehending the legal principles or erroneous determination of facts.
2. Determination
A. In addition to the circumstances revealed by the court below, the following circumstances acknowledged by the record were revealed by the court below, namely, that the defendant acquired and operated HHA club at KRW 400 million with R, I, and P. However, the defendant tried to deposit KRW 50 million in the age club with P lending from the victim C as the investment deposit of P. The defendant borrowed KRW 100 million from P through T. The defendant sought to pay the above borrowed money to the victim when P borrowed additional KRW 100 million from HAC Co., Ltd., and Q, the representative director of T. who is a corporation, can obtain additional loans from HAC Co., Ltd. when establishing a security to P who seeks additional loans.