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(영문) 제주지방법원 2015.08.27 2015노227
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that it is presumed that D had impliedly accepted the preparation of the transaction agreement of this case, if it was difficult to see that D had impliedly accepted the preparation of the transaction agreement of this case, it would have naturally accepted it.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged in the instant case is a person who operated the “EM” that was registered in the name of Jeju from July 2, 2012 to November 30 of the same year by the Defendant from July 2012.

On August 3, 2012, the Defendant, without authority, exercised a forged private document by entering the aforementioned D’s personal information in the form of “transaction Agreement” without authority for the purpose of exercising the right to receive alcoholic beverages from “F,” and affixing his seal on his name, thereby forging one copy of the said D’s private document, which is a private document concerning the right and duty, and delivering the forged document to FF business directors G, who are aware of the fact, as if the document had been duly formed.

B. In full view of the facts acknowledged by the lower court and the above circumstances, the lower court acquitted the Defendant of the facts charged on the ground that it is reasonable to deem that, even if the Defendant, without explicitly obtaining D’s permission, made a trade agreement in its name, he would have been implied delegation or presumption consent, or that D would have naturally accepted if the Defendant knew of the fact at the time of preparing the said transaction agreement.

3. The crime of fabrication or alteration of private documents on the judgment of the political party shall be established where a person who is not authorized to prepare such documents prepares or alters documents in the name of another person;

Therefore, if there was the explicit or implied consent of the name of the document with respect to the preparation, modification or modification of private documents, it constitutes the forgery or alteration of private documents.

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