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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent with the defendant's consistent statement that the defendant was issued a written promise for sale and purchase and each of the instant documents at once from the date of lending money. In light of the fact that the defendant asserted that each of the instant documents was forged by a document cans, etc., and that only D was aware of the authenticity as a result of the document appraisal, and that he prepared a written letter using his official seal without knowledge, the court below acquitted the defendant of the facts of the instant facts charged on the ground that he was credibility in the statement of D, and thus, it erred by misapprehending the legal principles, which affected
2. Determination
A. The summary of the facts charged is as follows: the defendant is a man-car and a man-child relationship of D(74 years of age) and E(46 years of age). The defendant's father F and D have a dispute over inherited property.
The Defendant: (a) around August 17, 2006, borrowed KRW 75 million from a new bank as collateral of the Daegu Suwon-gu H apartment 101 Dong 106 (hereinafter “instant mortgaged real property”); (b) and (c) for the purpose of guaranteeing the loan, the Defendant: (a) purchased 5/13 shares of J’s 5/13 of the purchase price with respect to the instant pre-sale real property (hereinafter “the instant pre-sale real property”) that the Defendant would have been transferred from J by his mother; and (b) purchased 95 million won with respect to the purchase price from HAP.P. 101 Dong 106 (former owner L and current owner E); and (c) obtained from the new bank branch under the security loan from J in writing confirmation of the use of Dou (75,000,000 won).
I swear, in writing, that the real estate sale will make a repayment with the highest priority amount of KRW 1 million (mortgage loan), and that the monthly loan will be paid without delinquency.
On October 16, 2006, hereinafter referred to as 'A', respectively, as the letter of each case.
The three chapters have been drawn up to D.