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(영문) 서울중앙지방법원 2014.01.16 2013노2897

사문서위조등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the forgery of a private document or the uttering of a private document, the Defendant acquired at his own money the Jongno-gu Seoul Metropolitan Government F land around February 2002 and the Seoul Jongno-gu E land, a neighboring site in the name of the Defendant around October of the same year, and registered 4/10 of the above land under the name of the victim C. Since the registration of ownership in the name of the victim was merely a title trust registration and there was no reason to restrict the Defendant’s right to dispose of the above building and the trustee’s right to write documents under the name of the victim. Thus, even if the Defendant’s act of preparing the private document abuse his authority, the crime of forging the private document was not established, and since the Defendant did not request the Defendant to return it once more than 15 years, the Defendant did not have any error in the misapprehension of legal principles as to defamation or defamation of the victim’s name, or in the misapprehension of legal principles as to defamation or defamation of the other party’s name, the lower court did not err by misapprehending the legal principles as to defamation or abuse of rights.

B. The lower court’s decision is unreasonable.