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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.01.09 2013노2917
유가증권위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts as to the part of the offense) was authorized by E to prepare a written confirmation for authentication, and the preparation of a promissory note necessary for the preparation of a notarial deed is in accordance with the purport of delegation E, and the right to claim ownership transfer on the apartment of this case itself includes the Defendant’s expression of intent to grant his right to the Defendant. As such, the lower court convicted the Defendant of the charges of forging the forgery and use of private document as of January 5, 2012, forgery and use of the same, forgery and use of securities, forgery and use of the original notarial deed, fraudulent entry and use of the original notarial deed, and attempted fraud

B. According to the evidence by the prosecutor (1) misunderstanding of facts (with regard to the acquittal portion), the court below found the defendant guilty of not guilty on December 7, 2010, since the defendant speaks as if it was necessary for the dissolution of the adoptive relation on December 7, 2010, and asks E to the certified judicial scrivener office for preparing a pre-sale contract in which he/she was a party E, affixing his/her seal to the above contract, forging E’s pre-sale contract in which he/she was affixed, and then the above certified judicial scrivener submitted it to the registered public official, and had the registered public official make the registration of transfer right claim based on the pre-sale contract in which he/she was made to keep the register. Thus, the court below erred by misapprehending the legal principles as to the defendant’s use of the pre-sale document, use of the pre-saleed investigation document, fraudulent entry in the original copy of the notarial deed, and its exercise.

(2) The lower court’s imprisonment (two years of suspended sentence in August) is too uneasy and unfair.

2. Determination

A. The evidence duly adopted and examined in the court below as to the defendant's assertion of mistake of facts, and in particular the payment of rebuilding charges for the apartment of this case's apartment building E's statement in the court below.

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