사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal is that in light of the contents of the loan certificate of this case and the statements of D and K, it was deemed that D had concealed or prepared at least D's loan certificate of this case without D's consent, but the judgment below which acquitted the facts charged of this case is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, who is a South-North partner of D(70 years of age) and was delegated by D with the sale and execution of D’s apartment site and multi-household housing (hereinafter “E real estate”) owned by D, and entered into a sales contract on June 22, 2010, with the payment of the purchase price, around December 18, 2010, the Defendant established an indoor golf course under the name of D in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul Special Metropolitan City’s name with the payment of the purchase price.
On February 9, 2011, the Defendant: (a) called “to attract deposits to get loans necessary to promote indoor golf course business” to D; (b) deposited with D at the original branch of Korea Bank; (c) however, the Defendant withdrawn the said deposit and withdrawn KRW 851,974,000, which is the entire balance of D’s deposit, as a check.
In order to argue that D would properly borrow the above money from D when it comes to possess the above check, the Defendant arbitrarily uses it as its own business fund, and that D would use the loan certificate in the name of D with the fact that D could not be seen easily due to brain meral disorder, old age, and the judgment ability has deteriorated.
1. On February 9, 2011, the Defendant forged private documents, at the residence of the Defendant, Youngyang-gu G apartment 206 dong 1804, Goyang-gu, Hongyang-gu, Hongyang-gu, Seoul, under the title of “cash car” by means of a computer: 200,000,000 won, above.