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(영문) 춘천지방법원 2016.12.22 2015노238
사문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Since the document forgery and event part E is a title trust to D by the Defendant, it should be deemed that D comprehensively permitted the use of his name in preparing documents necessary for disposing of E.

B) The Defendant did not agree to walk a P’s boat. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, and two million won of fine) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (Defamation part) even though the Defendant made a statement as stated in this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable

2. Determination

A. In a case where a property under title trust is held in the trustee without any burden on the truster of a judgment on the assertion of misunderstanding of facts as to the Defendant’s document forgery and exercise part, it is reasonable to deem that the trustee comprehensively allowed the trustee to dispose of the property and use the name in his/her name. Therefore, in preparing documents necessary for the disposal of the trust property in the name of the trustee,

Even though the crime of forging and uttering private documents is not established, if there is a dispute over the ownership of the trust property between two persons because the trustee denies the fact that he/she received the title trust and asserts that he/she owns his/her own property, it cannot be deemed that the truster is permitted to use the name of the trustee in relation to the disposal, etc. of the trust property, and even if the trustee does not deny the fact that he/she received the title trust itself, the disposition or other exercise of authority related to the trust property, such as disputing the trustee's

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