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All the decisions of the first instance court are reversed.
Punishment on the accused shall be determined by a fine of 300,000 won.
The second instance court.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles regarding the defendant's refusal to leave [1] The defendant merely consulted as a customer and did not receive a request for eviction because he did not cause any disturbance at the time, and thus, the crime of refusal to leave is not established. ② As to the use of forgery of private documents, in the case of a labor contract No. 2 attached to the second court's judgment, I Co., Ltd. (hereinafter referred to as "I") for convenience.
) The name and seal impression of the company that was the representative director are affixed to the name and seal impression of the company, the remaining disbursement resolution and the letter and seal impression in written confirmation are directly affixed by the management director M with the consent of the J. Even if M did not affix the seal, there was an implied and presumed consent by M or J in the case of a written confirmation No. 3 of the crime list, and ③ in relation to the attempted fraud, the above documents were not forged, and the defendant did not have the intent to commit fraud, and therefore, the defendant does not constitute the crime of fraud).
The prosecutor (the second trial on the judgment of the court of first instance) decided to consolidate and examine the two cases of this court 201No1304 and this court 2012No4062. The first trial and the second trial on the charge of forging and uttering of each private document in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crime of forging and uttering of each private document in the judgment of the court of first instance are concurrent crimes under Article 38(1) of the Criminal Act, and a single sentence should be imposed on the defendant within the scope of the term of punishment for which concurrent crimes
Therefore, each document crime in the judgment of the first court and the second court of first instance can no longer be maintained.
However, despite such reasons for ex officio destruction, the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of this court.
3. Judgment on the defendant's assertion of mistake of facts
A. Refusal to leave.