사문서위조
The judgment of the court below is reversed.
The sentence against the accused shall be three million won.
The above fine shall be imposed on the defendant.
1. The gist of the grounds for appeal is as follows: (a) the Defendant, with the explicit or implied consent of D, drafted a written contract on the sale and purchase of all D shares (hereinafter “the instant real estate”) of 1/2 of 108 square meters in Gangwon-gun, Seocheon-gun, Gangwon-do (hereinafter “instant transaction contract”).
As to the instant real estate, the trust relationship with the Defendant as the trustor, and D as the trustee has been established, the crime of forging private documents is not established.
The Defendant had no purpose of exercising the instant transaction agreement.
Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.
In addition, the sentence imposed by the court below is too unreasonable.
2. Determination
A. In light of the developments leading up to the purchase of the instant real estate recognized by the record on the assertion of misunderstanding of facts and misapprehension of legal principles, the source and details of settlement thereof, and the relationship between the Defendant and D, etc. at the time of the Defendant’s preparation of the instant transaction contract, the remainder of the statement, except for the part indicted as 1064 high order of 2018 high order of 2018 high order of 1064, which was suspected of perjury, is recognized as credibility. According to the statement, the Defendant arbitrarily prepared the instant transaction contract without permission of D.
In addition, the defendant paid money to D as alleged, and the defendant had a certificate of registration.
Even if there were conflicts between the Defendant and D who had legal marital relations, and the relationship has deteriorated since then, the Defendant was in the position of a truster with respect to the instant real estate at the time of preparing the instant transaction agreement, considering the circumstances where the relationship has deteriorated as a result of the divorce lawsuit.
It is difficult to see it.
In addition, even if the title trust relationship is recognized, the defendant can not prepare the document in the name of D without permission in the state of conflict.
B. The Defendant sent D a written contract of this case to D in the form of a text message.