logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.12.10 2020노2241
사문서변조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below acquitted all of the charges of this case on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have had the intention to exercise or alter the payment undertaking at the time of the modification, although the defendant's statement on the payment undertaking as stated in each of the charges of this case, stating the phrase "the civil and criminal legal matters arising from all land sale conducted prior to April 19, 2016 with regard to the purchase and sale of land D, Busan-gu, Busan, are responsible for the above purchaser" (hereinafter "the above stipulation of this case"). However, the court below acquitted the defendant of all of the charges of this case on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have had the intention to exercise or alter the payment undertaking at the time of

2. Determination

A. The summary of each of the facts charged in the instant case is as follows: (a) the Defendant entered the phrase “a civil or criminal law regarding the sale and purchase of all the land conducted before April 19, 2016,” in relation to the purchase and sale of the D land in Busan-gu, Busan-gu, Busan-do, which was made by B against the Defendant at a temporary non-fluence place; and (b) the Defendant, for the purpose of exercising a favorable judgment in favor of the lawsuit claiming the return of the agreed amount under the Busan-do District Court 2017Da3148366, which was made by B against the Defendant, on December 20, 2018, the Defendant filed a false statement with the court staff who could not know the fact that the alteration was made as referred to in the preceding paragraph, and filed a false statement with the court staff who had no knowledge of the fact that the alteration was made, thereby exercising the said obligation.

B. The lower court, based on its determination, did not err by the evidence submitted by the prosecutor.

arrow