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(영문) 서울동부지방법원 2017.08.18 2016노2111
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is clearly delegated by G with the right to draft the instant documents by the account holder G in an implied manner, and there was no such right.

Even if the defendant has the authority to do so,

Inasmuch as there were circumstances that could be misunderstood, there was no intention to forge and use the document.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty.

2. We examine the following circumstances, which can be recognized by the evidence duly adopted and examined by the court below. ① At the time of the preparation of the documents in this case, there was a dispute as to whether the company that entered into the business contract with the defendant was a P and G, which is the representative director, and there was a dispute as to what is the contract under the defendant's business contract and employment contract. ② The documents prepared by the defendant are "the documents in this case (hereinafter "the documents in this case") which show the defendant's employment certificate, retirement statement, payment statement and payment statement and minutes showing that the defendant ordered the defendant to work and sent G to the Ministry of Labor for non-payment of wages to the representative director Eul corporation's representative director Eul, and as seen earlier, there was a dispute as to whether the defendant was a worker of Eul corporation, and G was denied, and thus, the representative director denied the documents in this case was not required to keep the documents in this case and affixed seals to the defendant's investigative agency, and ④ it was not required to obtain permission from the defendant."

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