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(영문) 서울서부지방법원 2012.11.22 2011노1098
위조사문서행사등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor’s grounds for appeal (201No1098) and the evidence submitted by the prosecutor, such as N and S’s statement, the defendant should have known that the document of this case and the statement of agreement were forged. However, the court below rejected N and S’s statement without reasonable grounds and accepted only the defendant’s assertion, and rendered a judgment not guilty of the facts charged in the exercise of the above investigation document, which affected the conclusion of the judgment by misconception of facts.

B. The summary of the grounds for appeal by the Defendant (2012No999) did not interfere with the Defendant to testify false facts to the Z, and the lower court found the Defendant guilty of the facts charged of this case without credibility in the statement of the Z. In so doing, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment, and the sentence imposed by the Defendant is unreasonable.

2. Determination:

A. According to the prosecutor's argument of mistake of facts (201No1098), the summary of the facts charged in the case of 201No1098 is as shown in the attached Table 2), the judgment of the court below and the court of the first instance, and the evidence duly admitted and examined by the court below. ① The defendant was aware of the absence of the grounds for the payment of the settlement amount from K, and it seems that K did not actually establish the confirmation document and the statement of confirmation. K took civil litigation for five years from around 1991 to July 12, 1996 with the defendant as the supplementary intervenor of the defendant. The issue of the lawsuit was whether the provisional registration under the name of K, which was made in the land of the case of this case (Seoul Northern-gu D) is a provisional registration for sales or provisional registration for security, and if it was clearly claimed by the defendant on July 12, 1996 through the last registration in the name of the Supreme Court.

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