사문서위조등
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of facts charged and grounds for appeal
A. On March 23, 2017, the summary of the facts charged (1) the forged B of a private document requested E Co., Ltd. (hereinafter “E”) to issue a performance guarantee insurance policy by requesting solar construction to the E Co., Ltd. (hereinafter “E”).
When the Defendant was unable to obtain the performance guarantee insurance policy due to a large amount of debt E, the Defendant had been in possession of the performance guarantee insurance policy (securities number G) already issued by the F Co., Ltd. after printing it out.
피고인은 위 스캔문서를 PC에 저장한 후, ‘증권번호’란에 ‘H’, ‘보험계약자’란에 ‘A’, ‘피보험자’란에 ‘I B’, ‘보험가입금액’란에 ‘金 貳阡貳百萬원 整 ￦22,000,000-’, ‘주계약내용’란에 ‘J 설치공사, 2017년 03월 11일부터 2017년 12월 30일까지, ￦220,000,000-, 2,200,000-’, ‘대표이사 사장’란에 ‘K’ 등의 내용을 수정하였다.
Accordingly, for the purpose of uttering, the Defendant forged a performance guarantee insurance policy under the name of the representative director of the FF Co., Ltd. (hereinafter “instant securities”).
(2) On March 24, 2017, the Defendant: (a) delivered the instant securities forged in the Masung-gun L, Jeonsung-gun, to B as if they were actually issued the securities; and (b) exercised the said securities.
B. The summary of the grounds for appeal (1) misunderstanding of facts did not forge the instant securities.
The securities of this case were forged by employees according to the direction of the vice president, and there was no direction from the defendant during that process.
(2) The sentence imposed on the original judgment of the court below on unreasonable sentencing (three million won of fine) is too unreasonable.
2. In a case where the service of a writ of summons of trial date for capital reduction ex officio is made in the previous dwelling office before the confinement without being made to the head of the prison, detention center, etc. pursuant to Article 65 of the Criminal Procedure Act and Article 182 of the Civil Procedure Act, it is unlawful and invalid, and the court is in the dwelling office without gathering