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(영문) 서울중앙지방법원 2018.02.01 2017노4046
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles, the Defendant did not instruct F to include the E (State) operated by H by having F prepare a “record of the joint signature of the G producing company” (hereinafter “record of the instant joint signature”).

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court’s duly adopted and investigated evidence, the Defendant had F forged a copy of signature in the name of E (State) and exercised it to the employees in charge of the Korean Electric Power Corporation.

Thus, we cannot accept the defendant's assertion of mistake of facts and misapprehension of legal principles.

1) On May 31, 2016, the document submitted by the D Cooperatives to the Korea Power Agency around June 8, 2016, which was submitted by the D Cooperatives to the Korea Power Agency on and around June 8, 2016, is accompanied by a copy of the joint signature of the instant case.

In addition, the 14th joint signature register of this case is written E (ju) and the corporate seal is affixed (Evidence 18 pages 2). However, E (States) withdrawn from D Cooperatives around March 2016 and did not participate in the meeting on May 31, 2016 (Public Trial Record No. 31, 32 pages). The Do Governor, the representative director of E (States), the E (States), did not have consented to enter E (States No. 19, 20 pages) in the signature book of this case, and the result of the Do Governor’s signature and the Do Governor’s recommendation on May 31, 2016 (Public Trial Record No. 32 pages 32) was written on May 3, 2016, and the result of the Do Governor’s joint signature and the Do Governor’s signature and the Do Governor’s signature and the Do governor’s signature and the Do governor’s signature and the Do governor’s signature and the 5th of this case.

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