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The judgment below
The guilty portion shall be reversed.
Of the facts charged in the instant case, the charge of fraud is acquitted.
Reasons
1. Summary of grounds for appeal;
A. The court below acquitted the Defendant of this part of the charges by misunderstanding the fact that the Defendant had known that the payment guarantee was forged because the Defendant had not applied for the payment guarantee to a new bank, and that the Defendant, even though he had not applied for the payment guarantee, entered the payment guarantee of this case as the obligor of the payment guarantee of this case, was forged, and that the payment guarantee was forged without its application or approval.
B. The Defendant (as to the conviction part of the lower judgment) thought that the Defendant would be able to repay KRW 100 million to C immediately upon receipt of the payment of KRW 7 billion from J’s horse, and that he borrowed KRW 100 million from C for the progress of the instant project, and even though he did not intend to acquire the above money from C, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.
2. Determination
A. On December 1, 2010, the summary of this part of the facts charged, the Defendant issued a copy of the letter of payment guarantee in the name of the New Bank Holdings (hereinafter “the letter of payment guarantee in this case”) in the name of the debtor F and E-Council E-Council E-Council to the effect that “The new Bank F and E-Council branch guarantee the payment of KRW 7 billion to the new bank F and E-Council of E-Council of E-Council of E-Council” in the office of F and/orging L operated by the Defendant on December 201.
However, the instant payment guarantee certificate was a forged document issued by the New Bank Co., Ltd., and the Defendant did not apply for the payment guarantee to the New Bank F.F. representative director, and did not have any application for the payment guarantee to the New Bank Co., Ltd., and the said branch did not confirm the issuance of the instant payment guarantee certificate, and the Defendant should also establish seven suretys who issued the instant payment guarantee certificate to the Defendant.