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(영문) 인천지방법원 2015.10.02 2015노2247

위조사문서행사등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant submitted the instant document to the court in the process of civil procedure with E not as if it were the authentic document, but as it was submitted to the court to prove that E was aware of the fact that the right to collateral security was established. Therefore, such act of the Defendant does not constitute the exercise prescribed in the crime of uttering

2. The crime of uttering of a forged document refers to the authenticity of the forged document or the use of the forged document in a way that its content is true.

(2) On February 25, 1986, the court below rejected the above argument by asserting that this case is identical to the reasons for appeal of this case at the court below. In addition to the circumstances properly mentioned in the court below, E strongly asserted the forgery of this case through a written answer in civil procedure with the plaintiff and although there were important issues regarding the validity of settlement, the defendant did not explain the forgery of the document and submitted it to the court after the third preparatory date for pleading. ② The defendant did not present any explanation about the forgery of the document and sent it to the court; ② the defendant sent the document with ordinary evidentiary material as if it was a authentic document; ③ the defendant could mislead the court that the document submitted by the defendant was authentic, ③ the defendant could have proved that he did not appear in a special agreement with the court. However, the defendant's assertion that the document can be proved through a genuine document of this case.