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(영문) 부산지방법원 2015.07.02 2015노37
사문서위조등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Error of fact-finding delegated the Defendant with regard to the cancellation of G and lease agreement, referring to the fact that the Defendant is 10 million won or more.

Since the Defendant prepared a letter of delegation, etc. of the instant lawsuit, the lower court found the Defendant guilty of the facts charged in the instant case, even though it was in accordance with the delegation of E.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Even if the Defendant’s conviction is recognized, the lower court’s punishment (fine 5 million won) is too unreasonable in light of the various sentencing conditions in the instant case.

2. The summary of the facts charged in the instant case and the summary of the judgment of the court below are as follows: “The Defendant leased real estate purchased by the Defendant’s intermediary to G, and the Defendant demanded the return of KRW 10 million paid as down payment by G alleging the cancellation of the lease contract and the return of the down payment to G. However, since the lease contract was cancelled due to reasons attributable to G, G was not necessary to refund the down payment, it was determined that it was not necessary to do so. On March 21, 2013, at the “Law Firm I” located in Busan B. H. 607, Busan, to which attorney J was delegated the preparation of a letter of delegation from the victim to the Plaintiff, and that he had the Plaintiff “re-verification of the existence of the debt” in the column of the case of the delegation of the lawsuit, “Plaintiff E, Defendant G,” and “the date of preparation,” with the name of the victim who was the victim’s signature and seal affixed in Busan District Court to the victim’s name and seal in advance.”

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