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(영문) 전주지방법원 2013.05.10 2013노207
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant obtained consent from E to the preparation of the instant real estate lease agreement, it cannot be deemed that the document was forged or falsified.

B. In light of the overall conditions of sentencing on the grounds of unfair sentencing, the lower court’s sentence (fine 3,000,000) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances are acknowledged by the court below's decision on the assertion of mistake of facts and evidence duly adopted and examined by the court below and the trial court. ① The defendant asserted that the E's seal affixed while preparing the real estate lease contract of this case was obtained from E and kept in custody at around 2004. However, the defendant also stated in the court below's decision that " there was no document prepared with the above seal for about six years from around 2004 to the police officer around November 201, 2010 who prepared the real estate lease contract of this case, and even when preparing the real estate lease contract of this case, there was no fact that E had no document signed with the above seal affixed to E to prepare the lease contract of this case." ② The defendant did not agree with the prosecutor's office to prepare the lease contract of this case. ③ The defendant's seal affixed to the real estate lease contract of this case and the lease contract of this case appears to be different from the lease contract of this case prepared with E around 204, the defendant's assertion that there was no dispute over the rent of this case from the parking lot of this case.

B. The assertion of unfair sentencing.

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