beta
(영문) 대구지방법원 2018.09.14 2018노1619

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant was not guilty of forging and using a document as stated in the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one month imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the court below rejected the Defendant’s assertion in detail following the gist of the evidence and its determination. In full view of the following circumstances acknowledged according to the evidence duly admitted and investigated by the court below, the Defendant’s assertion can be sufficiently recognized by submitting to the court below a letter of development PO (“the head of document 1” and the head of the company “the head of the document 1” as stated in the judgment of the court below, in addition to the Defendant’s use of the document to the J, accompanied by a claim for payment of goods against B. Thus, the Defendant’s above assertion by the Defendant is without merit.

① The instant development PO Nos. 2 and 4-8 are parts that were already developed and supplied by the AE-AF.

around August 2015, the Defendant sent to M, etc. of Co., Ltd. B (hereinafter referred to as “B”) an official door in the name of M, etc. and C branch offices in the name of M, etc.

From August 201 to May 2012, 201, with respect to the settlement of companies due to AE, AF inferior and partnership products, after receipt of a written request for development from A.G. A.B, the gold development and products will be manufactured and stored in the amount of KRW 8 to 900 million.

In that sense, there has been no request for materials storage for a long time and there has been a problem of inventory exhaustion, and thus, the purchase of products has changed."

M also, in the court of the court below, the defendant's mail.