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(영문) 대전지방법원 2017.01.11 2016노264
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The name and seal stated in a written confirmation of payment in the facts charged (hereinafter referred to as “written confirmation of payment in this case”) and the seal affixed by G directly is not forged by the Defendant.

However, the lower court determined that the Defendant was guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) On January 22, 2013, the lower court asserted that the Defendant was drafted on the same day, and, if G drafted a real estate lease agreement and a payment confirmation document on the same day, intentionally carried a seal and used a different seal on the said real estate lease agreement and the payment confirmation document, the lower court: (a) intentionally carried the seal and used the same different seal on the said real estate lease agreement and the payment confirmation document.

In light of the fact that it is difficult to see, it was determined that the Defendant was fully aware of the fact that the Defendant forged the instant letter of payment in the name of G, a private document.

2) According to the evidence duly admitted and examined by the lower court and the first instance court, the following circumstances can be acknowledged.

A) On August 1, 2006, when entering into a lease agreement with G, the Defendant first agreed on August 1, 2006, when entering into a lease agreement with G, the amount of KRW 15 million per month, and KRW 800,000 per month. However, after September 30, 2008, even though the Defendant decided to increase the lease deposit amount to KRW 20 million per month and KRW 1 million per month of rent, the above increased rent was not paid for 51 months, and there was a delay in the amount of KRW 10,20,000 per month. Meanwhile, while there was no toilet in a leased building, G was paid the amount of KRW 2,00,000 per year because it was not paid for 51 months.

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