beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal that C permits the Defendant to inscribe the seal affixed to the name of K. As such, C’s statement to the effect that “the Defendant voluntarily removed the seal affixed to the name of K and affixed a seal on the loan application form constitutes a false report, and the Defendant agreed to allow it in advance, and made it easy for C to commit a crime by making a false confession to the effect that “the Defendant arbitrarily removed the seal affixed to the name of K and used it.” As such, C’s crime of unreshing and aiding the Defendant is established.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, the lower court determined that the lower court: (a) (i) in the process of obtaining a loan under the name of the prosecutor at the Incheon District Prosecutor’s Office of the Incheon District Prosecutors’ Office on December 12, 2012, the Defendant, etc. arbitrarily sealed the seal of the name of K in the process of obtaining the loan under the name of the prosecutor’s office of the Incheon District Prosecutors’ Office, and affixed a seal of the Defendant, etc. on his/her own application for the loan without his/her own permission; (b) the prosecutor determined and dealt with the forged contents of the seal imprint and stated to the effect that the Defendant wishes to punish the forgery; and (iii) the Defendant stated to the effect that he/she voluntarily blind and uses the seal of K in conformity with the purport of C’s statement at the above prosecutor’s office on December 14, 2012, it is recognized that there is no evidence to acknowledge the fact that the Defendant obtained the consent from K for the use of the seal imprint in advance, and (iii) the Defendant obtained the prior consent of K’s seal.
Even if C has obtained a certificate of seal impression from K and received a delegation of authority to purchase used cars, so long as it is difficult to see that C has the right to write down the certificate of seal impression, the defendant shall have the right to write down the certificate of seal impression with C’s consent.