(영문) 의정부지방법원 2019.08.29 2019노955

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줄 간격

자간(%)

(영문) 의정부지방법원 2019.08.29 2019노955

횡령등

Text

The defendant's appeal is dismissed.

65,000 won out of the costs of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the crime of paragraphs (2) and (3) of the original judgment), the Defendant prepared a written confirmation of the name B, and submitted it to the police station and received B’s permission.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged without forging private documents or using a falsified document is erroneous.

(b) The imposition of sentence while in (the original trial: Imprisonment with prison labor for eight months);

2. Determination

A. In light of the following circumstances, it is justifiable for the lower court to have found the Defendant guilty of forging private documents and uttering of falsified investigation documents.

Therefore, we cannot accept the defendant's assertion of mistake.

① The Defendant was led to confession in the lower court.

② Exemplary B made a consistent statement from the investigative agency to the trial of the party, that “the defendant has no prior consent to the preparation of the confirmation document” was “the defendant has no prior consent.”

③ The Defendant presented the instant confirmation at the police that “the Defendant repaid 20 million won to B on behalf of the Defendant on August 27, 2012 as interest in lieu of D,” and stated that “D did not pay interest of KRW 20 million to B on behalf of the Defendant.”

(No. 103). (4) Examining the flow of KRW 20 million that the Defendant remitted to B, D wired money of KRW 20 million in the name of “AC State N,” which is a remitter on August 7, 2012, and the Defendant transferred money of KRW 20 million in the name of “B (GAD)” to B (GE) another account (GE), which was managed by B at the time. As such, it is confirmed that the Defendant transferred the money of KRW 20 million, which the Defendant paid on behalf of the Defendant, to B, is not an expenditure based on the Defendant’s account.

⑤ In addition, there was no reason for B to prepare the above written confirmation, while there was a motive for committing the crime because B kept the situation under which the Defendant is under investigation.

B. The defendant's decision on the argument of unfair sentencing is stated.

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