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(영문) 부산지방법원 2015.02.05 2014노4012
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of all the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although the Defendant merely prepared the contract lawfully with the comprehensive delegation of C, and there was no forgery or use of the contract as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant made the same assertion as the reasons for appeal, and the court below explained the detailed reasons in the "judgment on the defense counsel's argument" item in the judgment, and (1) in the investigative agency and this court, the witness C signed a contract with 300 million won including the defendant and the value-added tax and delegated the defendant the authority related to the building permit, and consistently stated that there is no delegation of the defendant of the authority to prepare a contract with 300 million won of the construction cost, separate value-added tax and the contract with 300 million won of the construction cost, and (2) in the standard contract for each private construction project with 300 million won of the construction cost (including value-added tax, 2.35 pages, 49 of the investigation record) signed with C's seal imprint, which is different from C's seal imprint, and (3) in the contract with the contractor and the contractor to prepare and submit a letter of delegation to the contractor in consultation with the construction permit.

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