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(영문) 의정부지방법원 2015.02.04 2013노2457

사기미수등

Text

The judgment below

The part of innocence and non-guilty part concerning the non-guilty part shall be reversed.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. In full view of the circumstances such as the following: the majority of the evidence presented by the court below at the court below, the agreement on the repayment of loan amounting to 500 million won as stated in the facts charged and the preparation and form of the above loan certificate and the contents thereof are completely different; while the appellate court at the lawsuit seeking cancellation of the registration of creation of a neighboring mortgage between I and the defendant acknowledged the authenticity of the above loan certificate, it is reasonable to view the above loan certificate as a document overlappingly prepared document with regard to KRW 300 million as stated in the above loan certificate, while it is reasonable to view that the above loan certificate was 50 million out of the 500 million won as stated in the above loan payment agreement, and there is doubt about the preparation of the above loan certificate, it is recognized that the defendant has forged the above loan certificate, and accordingly the crime of uttering of the above investigation document

Nevertheless, the judgment of the court below which acquitted of the charge of forging private documents, uttering of falsified investigation documents, and attempted fraud among the charges of this case is erroneous in the misapprehension of legal principles.

B) As seen earlier, inasmuch as the crime of forging private documents, the crime of uttering of falsified Private Document, and the crime of attempted litigation were established against the Defendant, and the amount of money borrowed by I and G out of the Defendant is recognized to have been extinguished by the secured obligation under the name of the Defendant, which was established in relation to the forest owned by I, by paying a total of KRW 482.2 million, and the amount of money borrowed by I and G, the crime of false accusation is established against the Defendant. Nevertheless, the judgment of the court below which acquitted the Defendant of the charge of false accusation among the facts charged in the instant case is erroneous in the misunderstanding of facts, taking into account various circumstances recognized by the record, which are recognized by the record, the court below found the Defendant not guilty of the charge of the breach of trust among the facts charged in the instant case.

(b).