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(영문) 광주지방법원 2017.10.25 2017노1238

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the fact that the defendant voluntarily prepared and submitted the documents of this case with sufficient knowledge that the defendant did not consent to the identity of the holder, but found the defendant not guilty of all the facts charged of this case. The court below erred by misapprehending the legal principles.

2. Determination

A. On March 20, 2015, the Defendant entered into a contract to take over “F” located in Gwangju Northern-gu E (hereinafter “instant store”) from D on March 20, 2015, and tried to change the name of business report at will for prompt commencement of business.

1) On March 24, 2015, the Defendant forged private documents: (a) at the office of the Korea Food and Drug Association of the Korea Food and Drug Association in North Korea in Gwangju-gu, the Defendant: (b) had I, an employee of the said branch, enter “D,” “J”, “resident registration number,” and “resident number” in the “L” column; (c) “A”; (d) “M” and “resident registration number” in the “M” column; and (d) “O” and “location” in the “place of business”; and (d) arbitrarily delegated the name of the said branch, “D” and “B” and “D” type to the “B” column; and (e) arbitrarily delegated the name of the proprietor, “D” and “B” and “D” type to the “B” column; and (e) arbitrarily delegated the name of the proprietor, “D” and “D” type to the “B” type; and (e) assigned the name of the transferee, “D” and “B” type “D”, respectively.