(영문) 인천지방법원 2014.12.19 2014노2855 | 리걸엔진

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(영문) 인천지방법원 2014.12.19 2014노2855

사문서위조등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant had not been repaid a total of KRW 40 million to D, on September 17, 2008, the Defendant: (a) obtained the Defendant’s seal imprint certificate and two copies of the seal imprint certificate; and (b) obtained the Defendant’s consent; (c) completed the claim transfer and takeover contract with D; and (d) completed the claim transfer and takeover contract with D’s seal imprint certificate around October 2013.

Therefore, the Defendant cannot be deemed to have forged the instant loan certificate under the name of D.

B. Even if the lower court found the Defendant guilty of unfair sentencing, the lower court’s punishment (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is reasonable to view that the defendant was not a document of the loan in the name of D with the permission of D, but a forgery is not made.

The testimony of the witness I of the trial court stated that D's document that D is written to the defendant is accurate and accurate in relation to the assignment of claims in the place of the borrowed witness, so it is insufficient to reverse it.

The defendant's assertion of mistake is without merit.

1) D consistently stated that it is necessary for the Defendant to acquire the claim amounting to KRW 130 million against D’s H, and on September 17, 2008, the Defendant offered two copies of a personal seal impression and a resident registration certificate to the Defendant on September 17, 2008, but there is no certificate of a personal seal impression affixed to the Defendant, and there is no talk about the loan certificate. Meanwhile, D stated that the new certificate of a personal seal was registered on February 11, 2009, and that the existing certificate of a personal seal was lost for that reason. (2) The Defendant’s assertion is difficult to believe for the following reasons. The Defendant was only D and D to prepare the certificate of a personal seal impression in a park located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, on September 17, 2008.

유사 판례

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