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(영문) 서울동부지방법원 2015.03.26 2014노1408
사문서위조등
Text

The judgment below

Part concerning the first and second crimes in the judgment shall be reversed.

A person shall be punished by imprisonment with prison labor for the first and second crimes against the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the crimes of Articles 1 and 2 of the judgment of the court below in misunderstanding of facts, the defendant did not affix the seal C in the letter of payment in the name C, did not allow F to affix C’s seal on the power of delegation in the name C, and F merely appears to have affixed C’s seal on the letter of payment in advance and power of delegation, and as to the crimes of Article 3 of the judgment of the court below, the defendant appeared as witness of the Seoul East Eastern District Court 2012Gadan41022 in the case of compensation for damages, and was present as witness of the Seoul Eastern District Court 201Da4102 in the case of compensation for damages, and there was no fact that the defendant delivered C’s seal to F for the purpose of preparing a authentic deed on June 27, 2011.

Nevertheless, the court below rendered a judgment of conviction against all the Defendant. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. One year of imprisonment with prison labor for the crimes No. 1 and No. 2 of the decision of the court below on unfair sentencing, and four months of imprisonment with prison labor for the crimes No. 3 of the decision, are too unreasonable.

2. Determination on the grounds for appeal

A. (1) Determination of misunderstanding of facts as to the crime Nos. 1 and 2 of the judgment of the court below is based on the evidence duly adopted and examined by the court below as to the crime Nos. 1 and 2 of the judgment of the court below and the following circumstances acknowledged by the witness C’s legal statement, i.e., the amount receivable reaches KRW 43,583,000 until June 10, 201 while the Defendant supplied food materials to D in which the Defendant actually operated, and upon the F’s request to secure the claim, the Defendant prepared and sealed a promissory note Nos. 43,580,000 as of June 15, 201 under his name on June 10, 2011, and immediately thereafter, it is difficult for the F to secure the claim due to the payment angle, etc. under the name of D’s representative, and requested the Defendant to submit it to C by obtaining a written request from the Defendant.

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