A. The Defendant, in advance, prepared a loan document with the network B, and applied for a loan with the consent of the network B.

In addition, the defendant terminated the insurance contract that was entered into with R on the ground that B did not want to inform the husband who is the insured of the termination of the insurance contract.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts, or in the misunderstanding of legal principles as to fraud, fabrication and uttering of private documents, private electromagnetic records, and the crime of uttering, thereby adversely affecting

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

2. Determination

A. The Defendant recognized all of the instant crimes in the lower court’s judgment on the assertion of mistake of facts.

The Defendant’s statement of confession, which recognized all his criminal acts in the court, cannot be easily rejected unless there is an explanation to understand the circumstances leading up to the confession as such. The Defendant’s confession in the investigative agency and the court of original instance alone cannot be said to be doubtful of the probative value or credibility of the confession solely on the grounds that the confession in the court of appeal differs from the court of appeal (see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). In examining all of the records of this case, it is difficult to view that there is any fact or circumstance to conceal the credibility of the Defendant’s statement of confession made in the court of original instance.

In other words, the following circumstances, which are acknowledged by the court below by comprehensively taking account of the evidence duly admitted and examined by the court below, (i) the network B is only able to use its name and properly write or read it; and (ii) the Defendant appears to have used the network bank account under the name of the network B entirely while managing it; and (iii) each loan and the insurance contract termination refund deposited into the above account is directly the account under the name of the Defendant.