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(영문) 인천지방법원 2015.02.13 2014노4045
사문서위조등
Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant directly obtained a cash custody certificate from the victim and forged the cash custody certificate, and contrary to this, the victim’s statement, witness I and F’s testimony is not reliable.

B. Even if the court below found the defendant guilty of unfair sentencing, the court below's imprisonment (ten months of imprisonment) is too unreasonable.

2. The summary of the facts charged is that the Defendant had the custody of the said C’s certificate of the personal seal impression when there is a dispute over the proceeds from the construction and sale of the commercial building site C and the Nam-gu Incheon Metropolitan City D site (hereinafter “instant land”) to use it in the lawsuit against the said C by forging a cash storage certificate in the name of C.

Between January 2012 and March 23, 2012, the Defendant forged private documents by means of the computer from the Defendant’s office located in Nam-gu Incheon Metropolitan City’s office to “cash storage certificate, KRW 500,000,000 (Won 500,000,000)” and to keep the said amount in full custody and return it by June 27, 2011. The said amount was invested by A in KRW 350,000 (Won 350,000,000) with respect to the instant case of carrying out commercial buildings in this case, and separately from the investment amount, the amount was returned by June 27, 2011, with a seal affixed by C in advance, stating that “A shall return it by June 28, 2010 (Won 50,000,000).”

Accordingly, for the purpose of uttering, the Defendant forged a copy of cash custody certificate in the name of C, which is a private document on rights and obligations.

B. On March 23, 2012, the Defendant filed an application for provisional seizure on the basis of the aforementioned cash custody certificate with the public service center of the Incheon District Court located in the Nam-gu Incheon Metropolitan City Office of Civil Affairs, and issued a forged cash custody certificate to the above court employee who is aware of the forgery and exercised it as if it were duly constituted.

C. The Defendant who attempted fraud is the victim C.

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