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The judgment below
Among them, the part on the above Article of private documents shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) was determined not guilty of all the facts charged in the instant case, but there is an error of law as follows.
A. According to the evidence relationship in this case on the part of fraud, the fact that the defendant promised to offer F-owned real estate as security by means of false statement as if he own the F-owned real estate, borrowed money from the injured party, and the defendant borrowed money from the injured party to H at a higher rate, but H did not change this, and H was unable to repay the money to the injured party.
Considering these circumstances, it is sufficiently recognized that the defendant did not have sufficient means of deception and intent to make repayment to the defendant.
B. Even if the other party to the delivery of the forged portion of a private document knew that the document was forged, the document has a appearance that can be distributed generally, and if the document was actually used, the “the purpose of uttering” as referred to in the crime of forging the private document may be recognized.
(c)
At the time when the defendant delivered a forged document to D, it is believed that D had the authority to prepare the document, and thus, there is a crime of fraud in the above investigation document.
2. Judgment on the grounds for appeal
A. 1) Determination as at the time of the establishment of fraud is based on the point of time of the act. Therefore, if the borrower has the intent and ability to repay the money at the time of borrowing and lending transaction, even if the borrower did not repay the money thereafter, this is merely a non-performance of civil liability, and a criminal fraud is not established.
Therefore, the risk of delay or impossibility of repayment is recognized by the lender due to the personal relationship such as the relationship between the lender and the borrower and the continuous transaction relationship.