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(영문) 인천지방법원 2017.09.01 2017노2015
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or misapprehension of legal principles does not constitute the act of forging a private document, nor used the document. There is no fact that the Defendant used the document.

B. The sentence of the lower court (an amount of KRW 2,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal doctrine and evidence duly adopted and investigated by the court below, ① there exists a lease agreement in the judgment of the lower court, which provides that a lessor is a bank of dispute settlement D, a lessee as F and a bank of dispute settlement, and the contract contains the stamp image of the bank of dispute settlement D, ② the representative director of the bank of dispute settlement D did not prepare the contract, ② the said company did not have any fact, and stated that the authority to prepare the contract was not delegated to any other person, ③ the tax private person stated in the prosecutor’s office that “A report of correction of registration of G company on December 28, 2012.”

A requested a correction report, so, A stated that “A is in need of a sub-lease contract in order to report a correction of business registration”. A stated that “A has a written contract.”

A substantially operated Q hospital and G, and the business operator's correction was completed so that it was submitted to the tax office immediately after receiving a lease contract necessary for only a day.

B. The statement stating that “A only reported the receipt of the document as required by A,” and that “A only reported the original lease contract,” and stated that “A, after entering into a lawful lease contract, requested the prosecution investigator to request the file of the contract and sent the file to C.”

At the time, A is only one week after the head of Qu Hospital became a member.

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