사문서위조등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal: The Defendant, in accordance with C’s intent, prepared and exercised a written application for membership and a written contract for investment in kind related to the establishment of E farming association.
However, the court below erred by misapprehending the legal principles as to the mistake of facts or the probative value of a document, and thereby adversely affecting the conclusion of the judgment, since the court below acknowledged the defendant as a crime of forging and accompanying a private document.
2. Determination
A. The summary of the facts charged was married on December 4, 1995 with C and the Defendant, who filed a divorce lawsuit on September 23, 2014, and currently pending trial proceedings.
1) On May 2014, the Defendant, without authority, entered the column for the personal information of “application for membership” with the content that he/she is admitted to E agricultural partnership membership without authority, and affixed a seal attached to the name C at the end of the document, and forged one copy of “application for membership” in the name C, a private document pertaining to the certification of rights and duties or fact, and submitted the forged “application for membership” to E agricultural partnership as if he/she were genuinely formed.
2) For the purpose of exercising the right at the same time as that set forth in the preceding paragraph, the Defendant possessed in advance, “C” side of the “C” column, in which C” the content that ownership is transferred by investing land, such as Class C, in kind, into E agricultural partnership, without authority, and written in the same letter.
C’s seal impression also affixed a copy of “in-kind contribution agreement” in the name of C, which is a private document concerning rights and duties or proof of fact, and submitted a forged “in-kind contribution agreement” to a certified judicial scrivener I, who is unaware of the fact, as if it were duly formed, around June 12, 2014.
B. The lower court’s judgment determined as follows: (a) an application for membership.