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(영문) 대구지방법원 2019.11.27 2019노2566
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the gist of the grounds of appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, which found the defendant not guilty of the facts charged in this case, that the defendant merely consented to the insurance purchase of each of the insurance units of this case where the insurance premium is not imposed.

2. Determination

A. The lower court determined that: (a) the Defendant appears to have implicitly accepted or delegated each of the insurance policies of this case; and (b) the Defendant prepared each of the insurance policies of this case, based on the following: (a) the Defendant stated that D would buy each of the insurance policies of this case in the name of D before preparing the written subscription for each of the insurance policies of this case; (c) D could not hear specific explanation about D; (d) it expressed its intent to accept each of the insurance policies of this case; and (b) D sent the written subscription for each of the insurance policies of this case to the Seoul head office to the person in charge of concluding the Seoul head office; and (c) the Defendant responded to each of the insurance policies of this case after receiving the call from the call center of the head office; and (d) the Defendant responded to the normal subscription for each of the insurance policies of this case. The evidence submitted by the Prosecutor alone alone is insufficient to deem that D

B. The forgery of a document for the determination of the political party refers to an act of preparing a document by gathering another person’s name without the authority to prepare the document. Thus, in preparing a private document, it cannot be said that it constitutes an offense of aiding and abetting a private document if there is an explicit or implied consent or delegation by the nominal owner.

In particular, the authority delegated by the document maker by comprehensively delegating the authority of administrative affairs related to the preparation of the document to the document maker in advance.

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