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(영문) 서울남부지방법원 2015.09.10 2015노307

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds of appeal within the lawful period for submission of the grounds of appeal.

B. It is reasonable to deem that the prosecutor (with regard to the acquittal portion), by preparing and delivering “a letter of delegation” with the content that the Defendant delegated the F with all of the authority related to the borrowing of C, the F is aware of the fact that the F prepared “a certificate of tea” in the name of C on the basis of the power of delegation as above. In full view of such circumstances and F’s statement, the Defendant is guilty of the charge of forging private documents and uttering of the investigate document regarding the borrowing certificate of the Defendant.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and acquitted this part of the charges.

2. Determination

A. On February 17, 2015, the Defendant filed a petition of appeal on February 17, 2015, but failed to submit the statement of grounds for appeal within the lawful period for submission of the notification of the receipt of the trial records by this court on March 4, 2015, and the petition of appeal does not contain any grounds for appeal, and there is no ground for reversal of the lower judgment after examining the record ex officio.

(2) The Defendant submitted a written request for the appointment of a state appointed defense counsel on June 11, 2015, which was subsequent to the deadline for submitting the statement of grounds for appeal, and the state appointed defense counsel submitted the statement of grounds for appeal on June 30, 2015. However, even upon ex officio review, the lower court did not err in dismissing the Defendant’s appeal under Article 361-4(1) of the Criminal Procedure Act. Therefore, as long as the Defendant rendered a judgment on the prosecutor’s appeal, the lower court did not separately decide to dismiss the Defendant’s appeal

B. As to the prosecutor’s appeal, the Defendant: (i) forged and transferred the power of attorney to F to delegate all of the powers to F with respect to the borrowed money; and (ii) F, who is aware of the forgery, is the borrower.