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(영문) 서울중앙지방법원 2014.02.13 2013노4030
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the forgery of private document, uttering of a documentary investigation document, and attempted fraud), the Defendant received a request from the deceased E-friendly I to withdraw all the money deposited in the deceased’s account, and the fact that Japan currency 2 million is the amount that the Defendant could carry at once and bring into Korea. Although the Defendant could not bring at once all the money deposited in the deceased’s account, the Defendant attempted to withdraw all the money deposited in the deceased’s account to bring money to Korea or transfer it to I whenever it could be possible to put it into the Defendant’s account, but the lower court found the Defendant guilty of this part of the facts charged by reliance on the statement, etc. that was difficult to obtain by requesting only two million U.N. withdrawal of the deceased’s account, and the lower court erred by misapprehending the facts.

In addition, if it is appropriate for the defendant to receive only two million UN withdrawals from I, it shall be deemed that the crime is not established within the scope of at least two million UNs delegated.

B. The eight-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted that the lower court had the same purport as a mistake of facts in the trial on the charge of forging a private document, uttering of a private document, and attempted fraud, and the lower court rejected the above assertion by providing a detailed statement on the Defendant’s assertion and its judgment as the title “Judgment on the Defendant and Defense Counsel’s argument” in the written judgment. Examining the judgment of the lower court in comparison with the record and closely, the said judgment is just and acceptable.

In addition, the crime of forging private documents refers to the preparation of documents by a person who is not authorized to prepare them in the name of another person.

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