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(영문) 창원지방법원 진주지원 2017.11.02 2017고정343

사문서위조등

Text

The defendant shall be innocent.

Reasons

Indictment

1. On July 19, 2012, the Defendant forged private documents: (a) entered into a contract for the purchase and sale of trees with the non-party C at the medical corporation’s office located in Yang Jong-dong, Chungcheongnam-dong, Chungcheongnam-do; (b) entered into the contract for the purchase and sale of trees with the non-party C; (c) demanded the non-party C to enter them into the contract as the seller at the level of guarantee for the said contract; (d) without authority, the Defendant entered the Defendant’s wife’s wife “D(E) F in the column of “B-si, Chungcheongnam-do, Gyeongcheon-do”; and (e) affixed the name of D’s personal seal impression.

Accordingly, for the purpose of uttering, the Defendant forged a letter of tree trading contract in the name of D, which is a private document related to rights and obligations.

2. The Defendant, at the same time and place as Paragraph 1, presented to C a forged contract for tree trading in the name of D, as Paragraph 1, at the same time and place as that of the above investigation document, and exercised it as if it was duly formed.

Judgment

In light of the record, although the Defendant and D have led to the confession of a crime, it is recognized that the facts of civil litigation regarding the current contract for the sale and purchase of trees with C, and it cannot be ruled out that D directly prepared the above contract or allowed the preparation of the Defendant. Thus, the evidence submitted by the Prosecutor alone proves that the facts charged in the instant case was proven without reasonable doubt.

subsection (b) of this section.

Therefore, the facts charged against the defendant constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.