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(영문) 제주지방법원 2014.09.04 2014노306
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) received an envelope containing the instant loan certificate from D and delivered it to C (Death on June 18, 2013); (b) did not have forged the instant loan certificate by allowing F to prepare the instant loan certificate.

Based on this premise, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts are consistent with the following circumstances: ① C was the spouse living together with the defendant since 1973, and D, the secretary general of the public prosecutor's office, was the head of the defendant from 2006, and ② D, on December 19, 2008, was deposit of KRW 170 million in the name of C and telephone conversations with C and did not borrow money or prepare the loan certificate of this case. It is consistent with the following circumstances: ③ D was the spouse living together with the defendant since 1973; ② D, the secretary general of the public prosecutor's office, was the head of the public prosecutor's office; ② D was the money to be paid to the defendant (223 million won) and D's demand for payment was not deposited in the name of C around December 19, 208; ③ was reliable in the statement of this case by the defendant's prosecutor's office; ④ was prepared with respect to M.D's statement and statement of this case.

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