사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant (1) The charge of forging a private document and uttering of a mistake of facts is not written that the Defendant forged an agreement of KRW 55 million as stated in paragraph (1) of the facts charged (hereinafter “instant agreement”) (hereinafter “instant 50 million”).
In addition, in light of the fact that the person who has borrowed money to E accepts the Defendant’s proposal and thereafter, the victim did not raise any objection against the Defendant’s oral statement that he would receive an agreement of KRW 200 million as stated in paragraph (1) of the facts charged (hereinafter “instant agreement”) from E, the court below found the Defendant guilty of all of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(B) Although the document concealment was not concealed as stated in Paragraph (3) of the facts charged, the court below erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. (1) On September 7, 2006, the summary of this part of the charge is as follows: (a) the Defendant, at the Defendant’s office located on the fourth floor of the building in Seongbuk-gu Seoul Metropolitan Government, using a computer and unit program at the Defendant’s office located on the fourth floor of the building in Seongbuk-gu Seoul Metropolitan Government on September 7, 2006, stated “D” and “E” in the corresponding column of the obligee; (b) the Defendant borrowed KRW 5 million from the main sentence to the end of June 2007 and repaid the interest of KRW 1.65 million each month.
D's seal was affixed to the D's name by printing out one copy of the agreement stating the purport.
Accordingly, for the purpose of uttering, the Defendant is KRW 5 million in the name of private document D, which is a private document related to rights and obligations.