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(영문) 서울남부지방법원 2019.03.21 2017노2518
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant prepared a real estate lease contract in the capacity of a representative of D based on the right of lease granted from D with respect to the new building in Guro-gu Seoul Metropolitan Government (hereinafter “instant building”). Therefore, the judgment of the court below which convicted him of the facts charged in this case is erroneous in matters of law.

2. According to evidence duly adopted and examined by the lower court, the lower court: (a) the Defendant was contracted with D on March 5, 2012 for a fixed amount of KRW 450,000,00 (the price for the new construction of the instant building shall be paid as urban housing funds and the balance of the construction price shall be appropriated as deposit for lease deposits for each household); (b) D has borrowed KRW 3220,000 from an I bank on June 15, 2012 from the I bank and paid most of the loans to the Defendant as the construction price; (c) D and the Defendant delegated the Defendant with the authority of the I Bank on February 18, 2013, and used for the repayment of the Defendant’s obligations for the loans to the I Bank; and (d) prepared a confirmation document that D and the Defendant had the obligation to pay the Defendant’s loans to the I Bank on April 13, 2013 to the effect that D and the Defendant did not have the obligation to repay the loans to the Defendant at the time of the I Bank.

Therefore, the defendant's assertion of mistake is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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