사문서위조
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the Defendants.
1. The summary of the grounds for appeal (fact-finding) is that the Defendants affix their seals to the instant loan certificates and their respective E, F, and G names, but this is written as a draft to receive confirmation from H, the mother or the wife of the above holders, and the Defendants do not think that the instant loan certificates and the respective letters are effective, and they do not have intention to do so, nor did they have the purpose to exercise them.
In addition, H expressed its intention to accept the instant loan receipt and each letter F and G name by stating the telephone numbers of the above holders, explicitly or implicitly.
Therefore, the Defendants are not guilty.
2. Judgment on the defendants' assertion of mistake of facts
A. On the grounds of appeal by the Defendants, according to the evidence duly admitted and examined by the lower court, the lower court determined that the Defendant’s assertion as to the grounds of appeal is as follows: “E and H agreed to pay the Defendants the money, and that “E and H guaranteed the Defendant’s obligations, E, H, and H.” The Defendants affix their seals to each of the instant loan certificates and notes, E, F, and G’s own name. The Defendants affix their seals to E’s wife interest, F, and G’s mother, with the presentation of the instant loan certificates and notes. The Defendants are able to recognize the fact that the instant loan certificates and notes were written with the F, G’s Hand phone number, and the fact that H was written with the Defendant’s personal information and seal on the instant loan certificates and notes, but the parts of the instant loan certificates and notes can be deemed as not yet completed, in light of the loan certificates and the respective E, E, F, and H’s title and contents, and thus, the Defendants’ portion of the instant loan certificates and notes already completed.