사문서변조등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In misunderstanding the facts and legal principles, at the time of preparing the “written confirmation of cash loan and letter of payment,” the obligee column was an official space. However, the obligee column was anticipated to be recorded as the Defendant and was delivered to the Defendant under the circumstance of implied permission to write it. As such, the Defendant’s name was stated in the official space.
Even if there is no crime of altering private documents, it is not established.
Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. The judgment of the court below which found the defendant guilty in full view of the circumstances properly explained by the court below as to the assertion of misunderstanding of facts and legal principles is just and the above assertion by the defendant is without merit
B. As to the wrongful assertion of sentencing, the fact that the defendant has no criminal history of the same kind, and the defendant's money of KRW 10 million seems to have been lent to the I through A is favorable to the defendant.
However, the court below seems to have reduced the amount of fine under the summary order by taking account of the above circumstances favorable to the defendant. Furthermore, considering the fact that the defendant denies and does not reflect the crime of this case, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable, and therefore, the above assertion by the defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.