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(영문) 서울서부지방법원 2020.05.04 2018노795

사문서변조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not commit a crime identical to the facts charged.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. In the trial of the court below on the amendment of indictment, the prosecutor applied for the amendment of indictment to the indictment as stated below, while maintaining the name and applicable provisions of the crime in the indictment of this case, and applying for the amendment of indictment to the indictment of this case as stated in the facts charged of the indictment of this case. Since this court permitted this and changed the subject of the trial, the judgment of the court below is no longer maintained

Although there are such reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

2. The uttering of altered private documents

A. On October 26, 2015, the Defendant presented at his own office located in Gangdong-gu Seoul Metropolitan Government, a certificate of balance changed to H as if the certificate of balance was a document duly formed, and upon delivery of the copy, exercised the same;

B. From November 6 of the same year, at the above office around H and the victim I, a certificate of remaining balance altered as above was presented as if it were a document duly formed; and

C. From November 9 of the same year, at the above office around H, victim I, and victim J, the above changed balance certificate was presented as if it were a document duly formed.

3. On November 6, 2015, the Defendant, at the foregoing office, presented to the victim I as if the certificate of balance balance altered as above was a document duly formed, and the C Bank account deposited by one trillion won was involved in the Bosing case and did not withdraw it.

In order to pay for the cost of living and rent of the party, if the party lends KRW 50,000,000,000, the suspension of payment shall be paid.