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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)
A. The real estate lease contract entered in the facts of the judgment of the court below is not forged but delivered from C, and the judgment of the court below which found the guilty of the facts of this case is erroneous in the misapprehension of the facts and affected the conclusion of the judgment
B. The sentence of an unreasonable sentencing (a fine of eight million won) imposed by the lower court is too unreasonable.
2. Determination
A. The following circumstances acknowledged by each evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Defendant submitted as evidence a real estate lease contract (hereinafter “instant lease contract”) entered in the lower judgment to the Defendant through an attorney-at-law in the lawsuit (Seoul Southern District Court 2016Da255532, and land delivery) filed by C against the Defendant; (ii) the front seven forms listed in the resident registration number column of the lessor of the instant lease contract are C’s spouse’s resident registration number (O is the Seoul Yangcheon-gu Forest Court 2 (hereinafter “instant forest”).
(3) The title holder of the lease contract of this case stated that the Defendant was issued the above lease contract from the investigative agency to the court below, and that on January 7, 2013, the above lease contract of this case was issued to the Defendant on the following grounds: (a) the Defendant came to know of the forgery of the above lease contract; and (b) the latter 7 pages number is false; (c) there is no material to view that the stamp image affixed on the name column of the lessor of the above lease is the stamp image used by C; and (c) there was no fact that C of the title holder of the lease contract of this case prepared the above lease contract from the investigative agency to the court below; and (d) around January 7, 2013, the said lease contract was presented from the Defendant and the said lease was forged.