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(영문) 대전지방법원 2013.11.27 2013노1245

사문서변조등

Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B above.

Reasons

1. According to the records of this case regarding Defendant B’s appeal, the Defendant filed an appeal against the lower judgment on May 20, 2013, but on June 10, 2013, the Defendant did not submit the grounds for appeal within 20 days from the date on which he received a notice of receipt of the notification of the trial record from this court on June 10, 2013 (within 20 days from the date on which he received the notice of receipt of the notification of the trial record), and the petition of appeal does not contain any description of the grounds for appeal, and even after examining the records, the grounds for appeal cannot be found ex officio. Thus, the Defendant’s appeal should be dismissed by decision under Article 361-

2. Summary of the grounds for appeal by the prosecutor;

A. Defendant A knew that Defendant A would not consent to a joint guarantor for the purpose of using a loan certificate after the next lawsuit, but requested Defendant B to specify the interest rate, and since Defendant B's intent was moved to the execution by using the alteration act, the Defendants had an intent to jointly process the "act of alteration" and accordingly, the court below acquitted Defendant A of all the charges of altering a private document and exercising it in collusion with Defendant B. The judgment of the court below is erroneous in the misapprehension of facts and affecting the conclusion of the judgment.

B. As long as Defendant B made an alteration with Defendant A’s intent of joint processing, Defendant B conspired with Defendant A to alter a private document and used it, the lower court acknowledged that Defendant B made an alteration of the private document, and held it by combining Defendant A with Defendant A at the time of filing a lawsuit against H, on the charge that Defendant A used the altered loan certificate in collusion with Defendant A at the time of filing the lawsuit against H.