(영문) 부산지방법원 2015.04.16 2014노4111 | 리걸엔진

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(영문) 부산지방법원 2015.04.16 2014노4111

사문서위조등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal consistently states that “F shall leave the Defendant KRW 30 million from around 2006 to four times under the name of real estate investment, and shall not have permitted the Defendant to use the name.” While there is no evidence to deem that there was an agreement between F and the Defendant on real estate title trust, the Defendant did not establish a provisional registration on the real estate of this case, unlike other real estate, and even if the Defendant returned his seal imprint to F, it can be recognized that the Defendant has forged a letter in the name of F (hereinafter “each of the instant notes”) even though the Defendant had not obtained permission from F for comprehensive real estate transactions using his/her name, and that he/she has used it by delivering it to C (former name G) who is aware of the forgery.

Nevertheless, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant received a request from C to purchase the land of 1,983 square meters in the name of another person (hereinafter “instant real estate”) and purchased it in the name of F; (b) the Defendant intended to forge a letter in the name of F in order to know that C is demanded from C to transfer ownership under his/her own name; and (c) without authority on June 14, 2010 for the purpose of exercising the right on June 14, 2010, stating that “I shall transfer the instant real estate to ownership, but if you sell it to a third party, I will contact in advance and return all of the purchase amount to G, respectively, and then, I forged a letter in the name of F in order to affix the F seal, and deliver a forged document to C, who is aware of the forgery.

B. The lower court determined that the lower court duly adopted and examined the case.

유사 판례

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