사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
A. As to the facts charged, the lower court acquitted the Defendant of the instant facts charged on the ground that the certificate of remaining position in the name was forged and used.
2. The summary of the facts charged in the instant case is that there is a need to issue a balance certificate in order to acquire F from the representative director E of D (hereinafter “D”), and upon the request of D (hereinafter “D”), the Defendant obtained a balance certificate from the representative director H of G (hereinafter “G”) by temporarily borrowing the money from the bond company upon the request of D’s representative director.
The certificate of balance was forged and issued to E using a balance certificate of the national bank account in the name of G (hereinafter referred to as the “certificate of balance”).
A. On September 1, 2013, around 09:00 on September 1, 2013, the Defendant: (a) added the number “*50,014,461,214” to the deposit trust column of the instant balance certificate within the Jran-do passenger car parked in the head of the I University Hospital located in Yongsan-gu Seoul; and (b) added the number “8.30” at the date of issuance of the certificate to the number “8.30” on the date of issuance of the certificate; and (c) added it to the near door room.
Accordingly, the Defendant forged one copy of the balance certificate in the name of the former branch office of the National Bank Co., Ltd., a private document on rights and obligations.
B. On September 1, 2013, the Defendant, at around 10:00, issued one copy of the forged balance certificate from the first floor of the building of the K Accounting Corporation located in Yongsan-gu Seoul Metropolitan Government as if it were a genuine document to E, etc., and thereafter exercised the above investigation document by having the above E, etc. submit it to L person in charge of merger of the K Accounting Corporation at that time.
3. The lower court determined that the instant facts charged were acquitted on the following grounds.
A. The Defendant and his defense counsel’s arguments (1) did not forge the instant balance certificate.
(2) The Defendant requested H to do so, and thereby the balance of the deposits in G name is “0 won”.