(영문) 인천지방법원 2018.11.02 2018노2488 | 리걸엔진

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(영문) 인천지방법원 2018.11.02 2018노2488

사문서위조등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Reasons for appeal;

A. In fact, the Defendant: (a) the mother of E was punished by a fine of KRW 5 million upon the Defendant’s complaint; (b) the Defendant filed five complaints with the Defendant from August 2, 2010 to July 2, 2015 by intimidation, fraud, and false accusation; (c) the Defendant was subject to a disposition not suspected of all five charges; and (d) the Defendant did not receive delegation of the lawsuit from E to C attorney-at-law.

Although it was explained by C Attorney-at-law that the lawsuit is not particularly problematic even if the lawsuit is conducted on behalf of C attorney-at-law, and it was delegated to C Attorney-at-law, so C Attorney-at-law's staff D did not allow C Attorney-at-law to forge and exercise the power of attorney in the lawsuit of this case and the petition of appeal, and there was no intention to forge and exercise the above private document, and in particular, on July 3, 2015, C Attorney-at-law resigned in the process of changing his or her affiliation and then again prepared a power of attorney-at-law. Thus, the defendant did not know it and did not participate in it at all.

B. The sentence of the lower court (one hundred months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination as to mistake of facts

A. The defendant ordered C Attorney-at-law to receive the annual delegation list of part of the plaintiffs' lawsuits except E, and did not have a seal affixed to the power of attorney of the administrative litigation of this case.

However, according to the following circumstances acknowledged by the evidence duly adopted and examined by the court below in relation to the circumstances such as the reasoning of the court below, and according to the record when the defendant found C lawyer on March 19, 2018 at the court below's trial, whether C lawyer at the time (at the time of filing the administrative litigation of this case) has a problem to the defendant.

"If the defendant was "," the defendant will be at issue.

The answer "(116, 117 pages)" (the trial records 116, 117 pages), and 2 The defendant is in the E division.

유사 판례

-대법원 1962. 3. 22. 선고 4294민상1012 판결

-의정부지방법원고양지원 2015.08.13 2014가합1805

-대법원 1982. 9. 14. 선고 82다125,82다카284 판결

-서울고등법원 2017.06.28 2015나2052280

-서울중앙지방법원 2016.10.31 2016나40292