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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.05.11 2017노9398
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, upon delegation from G, prepared the loan certificate in the instant facts charged (hereinafter “the loan certificate in this case”) and forged the loan certificate in this case.

shall not be deemed to exist.

The Defendant purchased land in the name of G from G (hereinafter “instant land”) from G’s attached H, and was delegated with all rights from G in relation to the sale in lots and lease of land borrowed in the name of G on the ground of the said land.

The loan certificate of this case is prepared by the defendant with the certificate of the G's seal impression and the certificate of the seal impression through the Gyeyang I delegated by G while borrowing money in order to raise the loan construction fund.

B. Even if G did not permit the drawing up of the instant loan certificate, G did not permit the drawing up of the instant loan certificate

Even if the defendant was permitted by G, the defendant

Since there was no choice but to believe, the intention of the article of private documents is not recognized.

The Defendant, on the ground of the instant land, was delegated with all authority by G concerning the construction, sale, and lease of a loan in the name of G, borrowed money from G as a debt over several times to raise funds for the loan, and at all times, borrowed money from G with the permission of G through I, and issued the certificate of the seal impression of G with the permission of G, and affixed the seal impression affixed thereon.

At the time of preparing the loan certificate of this case, the Defendant explained in advance to the I a certificate of seal imprint and the place of use of the certificate of seal imprint and the certificate of seal imprint and the certificate of seal imprint are issued by I, and as a matter of course, G

There was no choice but to believe.

(c)

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. Determination

A. The judgment of the court below is based on the defendant's assertion that "the defendant has not arbitrarily affixed the seal affixed to G with the instant loan certificate, and G has affixed the seal directly."

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