(a) The defendant prepared by mistake of fact (franchising a private document and exercising a falsified investigation document);

The loan certificate under H (28 pages of investigation records, hereinafter “the loan certificate of this case”) was teared during its preparation, so the Defendant did not have prepared the loan certificate of this case nor transmitted it to a mobile phone.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged based on the evidence duly admitted and investigated by the lower court and the trial court as to the assertion of mistake of facts, the fact that the Defendant prepared the instant loan certificate as stated in the facts charged and sent it to a mobile phone can be sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

① The Defendant did not prepare the instant loan certificate because O teared the tear.

The argument is asserted.

In that sense, the witnessO stated to the effect that “When the Defendant prepares the loan certificate of this case, he drinks coffee or smokes tobacco, the Defendant read the loan certificate in preparation for the loan certificate, and H tear teared.” The victim stated, similar to the above statement, that “the Defendant affixed the loan certificate of this case to a mobile phone and sent it to the mobile phone, and O teared it.” The Defendant also tried to prepare the loan certificate of this case. The writing of the loan certificate of this case is similar to the writing of the loan certificate in the name of the Defendant (25th, 27th page of the investigation record). In consideration of the fact that the paper of this case and the loan certificate in the name of the Defendant (27th page of the investigation record) were used in the Defendant’s seal, it can be sufficiently recognized that the Defendant discarded the loan certificate of this case before completing the loan certificate of this case.

(2) A victim-friendly mobile phone (R) shall be located.