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(영문) 부산지방법원 2014.11.20 2014고정862
사문서위조등
Text

The defendant shall be innocent.

Reasons

1. On September 23, 2013, the summary of the facts charged prepared a letter of delegation, which is a document evidencing that the Defendant would normally succeed to the status of a D restaurant operator from the victim C, in the food service office located in the Dongpo-dong, Busan, the Defendant, at his own discretion, submitted to the power of delegation, “C, resident registration number F, address North-gu G, telephone number H” and “C,” a letter of delegation under the name of C, which is a private document for the purpose of exercising rights and obligations, without authority, with the intention of exercising the right and obligations by stating “C” in the signature column of the transferor at the bottom. In other words, the Defendant submitted the forged letter of delegation as if he had been duly formed.

2. The following circumstances revealed by the witness I and C comprehensively considering the purport of the entire pleadings at each legal statement of the witness I and C, namely, (i) the Defendant appears to have operated a cafeteria with the trade name "D" in the name of Busan Northern-gu, after borrowing the name of C on or around December 2012; (ii) the above D cafeteria was merely the owner of the above D cafeteria, and the actual owner is the Defendant, and thus the Defendant is also the defendant, and (iii) the C’s seal impression certificate and the seal impression certificate prepared and used by the Defendant to transfer the above D cafeteria’s position as the owner of the above D cafeteria were left to the K, and thus the Defendant appears to have used it through a normal construction. (iii) Unlike the statement in this court, the Defendant appears to have made a comprehensive statement on the use of the above D cafeteria’s seal certificate, based on the evidence submitted by the prosecutor.

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