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(영문) 서울중앙지방법원 2020.10.16 2020노1120
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a seal imprint in misunderstanding of facts at all times, and the Defendant did not have any fact that he had the seal affixed, and thus could not forge each of the documents of this case. While the Defendant did not have any motive to forge each of the documents of this case, the other party in the event of the above investigation document was C’s creditors and C, and the other party in the event of the above investigation document was the obligee, and the other party in the event of the use of the above investigation document was admitted as evidence for the infringement of private documents, although C and C made a statement as evidence for the infringement of private documents, the statement of the other party in this case is inconsistent with the statement of

B. The imprisonment imposed by the lower court (ten months of imprisonment) is too heavy.

2. Determination

A. In addition to the facts and circumstances stated by the lower court as to the assertion of mistake of facts, the following circumstances, i.e., (i) the Defendant alleged that there was no motive for the above Article, but the Defendant itself recognizes the fact of exercising the document; (ii) C and K stated that the Defendant was in charge of external affairs related to the contractor, bank, and trust company; and (iii) the Defendant was involved in entering into the construction contract with N and the instant company, whose relative organ was the representative director; and (iv) the Defendant was actually involved in entering into the construction contract; and (v) around January 2014, 208, the Defendant introduced the instant project to AG (Evidence No. 1 No. 31 of the evidence record); (iii) after confirming the forgery of the document to G corporation, K confirmed the document and notified the Defendant’s phone number to the employees of the G corporation (Evidence No. 178 of the evidence record); and (iv) it appears that the document was not directly forged; and (iv) the Defendant was under a large amount of credit burden with the Defendant, and was also under the direction of U.

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