사문서위조등
Defendant
All appeals filed by the Defendants B and prosecutor are dismissed.
The summary of the grounds for appeal is without credibility of the statement made by H misunderstanding the facts of Defendant B, while the statement made by K and N, which did not have any special interest in the instant case, are reliable, and according to their statements, H’s promissory notes and power of attorney in this case can be acknowledged as having been made in the presence of Defendant B, etc. in the office of a certified judicial scrivener.
The sentencing of Defendant B (the imprisonment of 8 months and the suspension of execution of 2 years) of the lower court's improper sentencing is too unreasonable.
In light of the facts written by Defendant A, etc., of the prosecutor’s mistake of the facts as to Defendant A, the fact that Defendant A was involved in the crime committed by Defendant B, even though, in preparing the Promissory Notes in this case and the power of attorney, Defendant A was aware of forgery without the consent of H.
Defendant
The above sentencing of the court below against the defendant B is too uncompared and unfair.
As to the Defendant B’s assertion of mistake of facts as to the grounds for appeal, the lower court rejected the Defendant B’s assertion in detail under the title “Determination on Defendant B’s assertion” in paragraph (1) and paragraph (2).
Examining the above judgment of the court below in a thorough manner with the record, it is difficult to believe that the statements of the defendant A, the witness K, and N stated to the effect that H were together with the certified judicial scrivener office at the time of the preparation of the promissory note in this case and the power of attorney, and that the statements of the defendant B
He/she may fully recognize the existence of forgery and use of the Promissory Notes and the power of attorney in this case without the consent of H, using the head of H’s seal impression.
Therefore, the defendant's above assertion is without merit.
As to the prosecutor's assertion of mistake of facts against the Defendant A, the summary of the facts charged against the Defendant A is forged securities and forged private documents in collusion with the Defendant B, Seoul, from October 2, 2009 to March 2, 2010.