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(영문) 인천지방법원 2019.09.06 2019노661
사문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Since the Defendant was unable to anticipate the occurrence of the crime of forging the instant private document, the uttering of a falsified investigation document, the uttering of a falsified entry into public electronic records, etc., and the occurrence of false entry into public electronic records, etc., Defendant did not have any intention to assist the Defendant. Nevertheless, there was an error of misconception of facts that found the Defendant guilty of unfair sentencing. 2) The lower court’s punishment of the lower court (a fine of four million won) is too unreasonable.

B. Prosecutor 1) The Defendant issued a registration certificate, recognizing that there is a need for a certificate of right to register in order to cancel the registration of the establishment of a neighboring mortgage by A and C. Such act by the Defendant is indispensable for the crime of forging the instant private document, uttering of the relevant investigation document, fraudulent entry into the public electronic records, and uttering of the false entry into the public electronic records, and thus, the judgment of the court below is erroneous in the misapprehension of facts that found the Defendant not guilty. 2) The judgment of the court below which found the Defendant guilty of the above crime.

2. Judgment on the misconception of facts by the defendant and prosecutor

A. The lower court determined as follows, based on the evidence duly adopted and investigated by the lower court: (a) the Defendant demanded, in the prosecutor’s investigation, A and C to request a certificate of right to registration necessary for cancellation of the right to collateral security; (b) however, the Defendant was absolutely required to cancel the right to collateral security; and (c) refused to grant a certificate of right to registration; and (d) stated that A and C provided a certificate of right to registration in order to prevent additional damage in mind that it was caused by fraud; (b) the Defendant transferred a certificate of right to registration to the certified judicial scrivener office located near Yangyang-ju registry because he did not want to help cancellation; and (c) the Defendant did not want to prepare and submit a document to A and C.

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