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(영문) 서울동부지방법원 2014.12.18 2013노1237

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The crime of forging private documents and the crime of uttering of falsified private documents shall be paid KRW 30 million to E on October 25, 2007, and KRW 60 million on July 4, 2008, respectively, and the Defendant signed on behalf of E on July 4, 2008 with the permission of E in preparing each receipt under the name of E before F on July 4, 2008, and the Defendant signed the attempted fraud on behalf of E. 2) The Defendant is the husband of the non-E, and the Defendant was not promised to pay KRW 150,000 to the J (including E) at the cost of farming comments, and the Defendant promised to do so.

There is no reason to pay the agreed amount to E before receiving the compensation.

B. Considering the circumstances such as the Defendant’s heavy benefit to the E couple during the period of unfair sentencing, and the fact that the E couple’s dispute arises in violation of the promise, the sentence imposed by the lower court (7 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant signed on behalf of E after receiving each of the respective receipts of this case on behalf of E, and then called “second receipts” from E.

The receipt is asserted to have been issued again, and the defendant submitted the receipt. According to each of the evidence Nos. 17 and 18 submitted by the defendant in the trial, the signature on the second receipt from the written appraisal conducted in the civil procedure conducted between the defendant and E, etc. was the result of E himself/herself, and on the second receipt, the fact that the details are stated as the "prepaid payment out of the prepaid payment after compensation."

The details of the second receipt are deemed to have been stated following the preparation of each receipt in light of the placement of phrases or letters with other phrases, the angles of letters, etc.

According to the language and text of the second receipt, there was an agreement to pay a certain amount of money after compensation was made between the Defendant and E.