사문서위조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. As a fact-misunderstanding H’s seal and seal H’s seal on the interior work contract, there is no forgery of the private document, and therefore, there is no fact that the private document was used.
Moreover, E submitted the Human Rights Corporation contract to the court for the purpose of reporting the lien on the claim for the payment of the construction cost as the subject without any doubt with the Defendant, and there was no defendant's collusion with E in relation to the exercise of the contract.
B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly adopted and examined by the court below and the court below in relation to the above Article of private documents, the victim lent without receiving a deposit and rent from the defendant who is the first floor of the building located in Jung-gu Incheon Metropolitan City (hereinafter “the building of this case”), and the victim delegated the defendant with the authority related to the management and alteration of use of the building of this case for the convenience of changing the use of the building for the purpose of the defendant’s store operation, etc., and it is recognized that the defendant allowed the construction of the building of this case to do so.
However, it is exceptional in light of the empirical rule to the effect that the injured party had lent the instant building to the Defendant without compensation, and there is no special circumstance that the injured party bears the obligation to pay the above construction cost, and the Defendant was scheduled to perform artificial construction works at the time of receiving power of attorney from the injured party on December 7, 2012, but the specific construction cost was not determined and supported, so if the injured party has obtained permission from the injured party, it is necessary to prepare a written contract for artificial construction and notify the injured party of the cost and time of payment.