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(영문) 수원지방법원 2016.08.11 2016노486
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The Defendant, as to the summary of the grounds for appeal by defense counsel, prepared and delivered a self-work contract to E on August 15, 2012 as agreed with E, the representative director of D, and sent it to E according to E’s instructions, by preparing a comprehensive transfer contract for business transfer to E and sending it to the customer of the said company.

On February 25, 2013, the Defendant prepared a written agreement on the acquisition of the obligation between G and D as agreed in advance with E on the issue of debt acquisition between G and D, and presented it to E, which was only for the purpose of urging E to implement the said agreement.

Although Defendant did not forge each of the above documents, the lower court found Defendant guilty of all of the facts charged of the instant case, thereby erroneous.

In light of the fact that, in a case where a criminal defendant filed a complaint against E as a crime of forging a private document, E was punished by a fine, E filed a complaint against the criminal defendant for the purpose of retaliation, and the crime of this case did not cause particular damage to E, the sentence of the lower court that sentenced to a fine of KRW 3,00,000 is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake, the court below forged one copy of the labor contract under the name of the above representative director E of the above company under the name of the above representative director E of the above company under the name of D representative director E of the defendant's employment contract on August 15, 2012 for the purpose of the defendant's exercise, and submitted it to the Suwon District Court for supporting evidence, and used it under the name of the above representative director E of the above company under the comprehensive transfer contract under the name of E of the above company under the comprehensive transfer contract under the name of E of the above representative director E of the above company on July 1, 2013, and submitted it to the Geumcheon Police Station for use.

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