사문서위조
The defendant shall be innocent.
1. The summary of the facts charged was expressed by the Defendant to forge a financial transaction statement with the intent of forging the financial transaction content necessary for receiving a loan from “C”, which he came to know through the Internet Messenger.
On July 13, 2015, the Defendant stated “E”, “F”, “F”, “2,868,90 won in the current balance column,” and “2,868,990 won” in the available amount column, and entered 30 financial transactions from June 3, 2015 to July 11, 2015, including G store withdrawal KRW 189,000,000, from June 3, 2015 to July 11, 2015.
Accordingly, for the purpose of uttering, the Defendant forged a F specification of transactions in the name of community credit cooperatives, a private document related to rights and obligations.
2. In the crime related to documents under the Criminal Act, the document is a copy by mechanical means that can see the same as the original or its social function and credibility, which is an indication of the intention or concept indicated on the object continuously with letters or the virtual code that can replace them, and its contents can be admitted as evidence for material matters in legal and social life (see, e.g., Supreme Court Decision 2004Do788, Jan. 26, 2006). Thus, when a program is implemented to see image files, the image shown on the computer monitoring screen is merely shown on the screen by causing an electronic reaction at that time, and it cannot be viewed as constituting “documents” in the crime related to documents under the Criminal Act.
(see, e.g., Supreme Court Decision 201Do10468, Nov. 10, 201). The instant facts charged pertains to F in the name of community credit cooperatives by means of arbitrarily inputting financial transaction details by the Defendant’s computer.