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(영문) 대전지방법원 2018.06.21 2017노3898
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: the Defendant, under the agreement with H, prepares a power of attorney in the name of G Co., Ltd. (hereinafter “G”) (hereinafter “instant document”).

Even so, the court below held that the defendant forged the document of this case without authority.

Since the judgment of the court below was accepted, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the records, the court below stated that the defendant used the document of this case without authority by forging it.

The judgment of the court below is just and acceptable, and there is no error by mistake of facts, such as the defendant's assertion.

① The F consistently stated that, from an investigative agency to the court of the court below, the Defendant arranged to obtain a loan from G-friendly Savings Bank, and that the Defendant affixed the corporate seal impression on blanks. The F is also consistent with the lower court’s witness P’s legal statement.

In addition, on April 24, 2016 between the Defendant and F, recording recording of one’s own currency is considered to be “low-person, his seal impression is reduced, and one’s seal impression is also recorded in the low-income savings bank, and one’s interest disclosure statement is required.

The Defendant made an answer to the “statement,” which read as the “statement, document, etc.,” which conforms to the said F’s statement.

② The Defendant Company D had a pre-printed power of attorney, and the Defendant used the printed form when obtaining notarial acts in another case (Evidence No. 78). However, the instant document was written without using the above printed form, and was written with the front seal affixed to G’s corporate seal impression in blank, and then was written in writing. The process and method of drawing up are very exceptional.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that there is no reasonable ground.

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