A. In fact, the Defendant: (a) prepared a file, such as an agreement on credit loans, in order to obtain a loan from HK Savings Bank and PK Savings Bank and Mountain and Muss; and (b) obtained the victim E’s permission at the time of preparing a monetary consumption lending and lending agreement.

The lower court found the Defendant guilty on the facts charged regarding the events such as the electronic records of this part of the company and the electronic records of the company, and the forgery of the private document and the use of the falsified document.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted after examining the evidence duly admitted as to the assertion of mistake of facts, the following facts can be revealed.

The Defendant, from the police to the appellate court, did not have the intent or ability to repay the loan at the time of receiving the loan from HK Savings Bank and Mountain and Muss, and acquired the amount of the loan from the injured party.

The Defendant continued to be in bad credit standing from around 2011 to the time of the instant crime, and was in a situation in which credit payments or other loans are repaid due to loans, with the absence of any property or income other than KRW 2 million monthly income.

The defendant was aware that not only the victim has a speech disorder but also the accurate name has a third degree of disability even though it is in appearance.

On the other hand, the defendant's assertion that only the preparation of files, such as a new application form for the issuance of credit cards, acceptance certificates, and Skkn's letter of credit loan agreement that overlap or overlaps at the time, and the preparation of money consumption lending and borrowing contracts, is not persuasive.

In light of the victim's intellectual ability or the relationship with the defendant at the time, etc., damage is caused only by issuing documents, such as a resident registration abstract to the defendant.