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(영문) 서울중앙지방법원 2018.11.01 2018노1935
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (crime No. 1 and misunderstanding of the legal principles) The name and resident registration number of E in the contract under paragraph (1) of criminal facts shall be specified for the purpose of identifying an artist to be contributed.

E It does not state the intent of “self-government” to give the meaning of the consent to the conclusion of the contract, but merely aims to verify whether E is an artist belonging to the Dispute Resolution Co., Ltd., and whether E is “BJ Myst,” and thus, it does not constitute a crime of forging or accompanying the company’s signature.

Judgment

Upon having to make the same argument in the lower court, the lower court found the Defendant guilty on the ground that the lower court stated in detail the judgment on the assertion of the Defendant and his defense counsel under the title “Judgment on the argument of the Defendant and his defense counsel (as to Article 1

The court below, based on the evidence duly admitted and investigated, sent the following circumstances.

In light of the above facts, the court below's determination of guilty of this part of the facts charged is just and acceptable, and there is an error of law by misunderstanding the legal principles as pointed out by the defendant.

shall not be deemed to exist.

The reason why the Criminal Code independently prescribes a crime relating to seal is because the seal, signature, etc. is used to symbolize the character of a specific person and to certify the identity of the specific person. Therefore, if such seal, signature, etc. is forged or used unlawfully, it is dangerous to cause confusion in social settlement order or to impair the credibility and safety of transaction.

In order for the crime of forging a signature to be established, the name of a person shall reach the extent that the person can be mistaken for the authentic signature of a specific person, and whether it is sufficient for the general public to mislead the person with the authentic signature of a specific person shall not only take into account the form, appearance, preparation process, etc. of the signature, but also the necessity of writing the signature in a document stating the name in such document, and the need for writing the document.

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