사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles) has the form and appearance of a general letter of performance, and it is sufficient for the general public to communicate it in writing with the intent of each letter and guarantor, such as the name, resident registration number, address, etc. of each letter and guarantor, and according to the evidence submitted by the prosecutor, Defendant A requested the case to be brought by Defendant B for the purpose of asserting a false claim against D from the beginning. Defendant B had already been aware that each letter of appeal in this case was forged, and thereby, Defendant A forged a private document, and Defendant B exercised it, thereby causing the Defendants to commit fraud against the victim D.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles as to the forgery of private documents and the uttering of private documents, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged: (a) Defendant A lent KRW 50 million to C but failed to receive the loan; (b) Defendant A, although not having guaranteed the loan, intended to make a false statement of this case, stating D as the guarantor, and to file a lawsuit against D to obtain a judgment.
around April 2015, Defendant A promised A to pay 50,000,000 won of investment to A by December 20, 2015, using a computer in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and in letter, name C, and the above principal promises A to pay 50,000,000 won of investment by December 20, 2015, and the joint and several sureties will prepare and submit this letter to A, together with the joint and several sureties, to assume any civil or criminal responsibility if the commitment is not fulfilled.
April 2015, as above, C, and above.