사문서위조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: although the Defendant forged a standard contract for private construction works under H and exercised it as stated in the facts charged, the lower court acquitted the Defendant on the facts charged in this case; and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment
2. Judgment on the grounds for appeal
A. On November 2013, the summary of the facts charged in the instant case: (a) the Defendant, a person who engages in construction business under the trade name of “E”; (b) prepared and undertaken a “standard contract for private construction works” with the total contract amount of KRW 1.1 billion for the construction project for the site development project for electric source housing in three parcels, including G and H, the representative of the F in charge of the L-Ainju-si, Chungcheongnam-si.
However, as the Defendant failed to receive a certain amount of construction cost as promised from G, the Defendant proposed to H to undertake the construction work directly with H, a landowner, and the contract with G was performed by succeeding H to the contract with G.
During that period, the Defendant thought to prepare a “standard contract for private construction works” with the total contract amount of KRW 1,350,000,000, without H’s consent, in order to compensate for any pecuniary damage caused by a lawsuit over the above land, rather than expected construction period.
1) For the purpose of exercising at a place where time and place cannot be identified on March 2014, the Defendant forged a private document: “N-owned housing site creation and landscape planting construction work” in the construction name column of the “Standard Contract for Construction Works” using a computer; “B-owned housing site creation and landscape planting construction work” in the column of the construction site; “B-owned housing site creation and landscape planting construction work” in the column of the construction site; “B-owned land and two lots outside the J-gu, Chungcheongnam-si, Y-do, 2014”; “01 April 30, 2014” in the column of the date on which completion is scheduled; “F-do, 30,000 won” in the column of the supply value of the contract amount; “W-Do, 27, 272, 727”; and “W-Do, 30,000,000 won per day, two hundred and twenty million won per day” in the additional tax column.