사문서위조등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. According to the summary of the grounds for appeal (misunderstanding of the facts), the court below erred in finding the Defendant not guilty of the facts charged due to misconception of the facts, although it can be acknowledged that the Defendant forged a letter of loan under the name of H, which is a private document concerning rights and obligations, as stated in the facts charged, and submitted it to the public service center of the Jeonju District Court, along with the application form for the payment order filed against H.
2. Determination
A. The summary of the facts charged 1) On January 26, 201, the Defendant, at the office of the Defendant’s office located in Yong-gu Seoul Special Metropolitan City F, Seojin-gu, and without authority, borrowed the Defendant with the intention to exercise the right, using the official approval color pen to pay KRW 1,00,000,000 and to pay interest on the paper.
On January 25, 2011, a signature was written as "H by the borrower of the G above in Y-gu, Busan-gu, Seoul-si, and signed next to his name."
Accordingly, the Defendant forged a letter of loan in the name of the victim H, which is a private document on rights and obligations (hereinafter “the instant loan certificate”).
2) On June 5, 2014, the Defendant: (a) filed an application for payment order with the Jeonjin-gu District Court located in Jeonjin-gu, Jeonjin-gu; (b) attached one copy of a counterfeited H’s loan certificate; and (c) submitted the said loan certificate to an employee of the civil petition office of the Jeonju District Court, who was unaware of the fact, as if the loan certificate was a document duly formed.
B. The lower court’s judgment stated in the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the investigative agency and the lower court’s court stated that “I prepared the instant loan certificate” at the first hearing date on October 2, 2014 of the 2014 Ariri 91354 case, and that I demanded a written appraisal of the instant loan certificate.
However, on October 2, 2014, the date of the first pleading in the instant case.