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(영문) 인천지방법원 2019.01.11 2018노2622
유가증권위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by defense counsel is received after the deadline for submission has expired, but is examined ex officio.

The Defendant believed that he had the right to supplement the blank bill in the facts stated in the judgment of the court below (hereinafter “instant bill”).

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment (two years of suspended execution) and two hundred hours of social service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, it is difficult to view that the Defendant, despite being aware of the forgery of the Promissory Notes, was proven without any reasonable doubt.

1) B stated that the Defendant did not directly state that “the bill of this case was forged,” but that “the bill of this case was erroneous.” However, in light of the following circumstances, B’s statement is somewhat doubtful as to its credibility. B’s lending of KRW 30 million from the Defendant, and the said bill was issued.

However, it is extremely difficult to understand that “the above bill shall not be used because it is an erroneous bill,” in ordinary terms, to borrow money from the defendant himself/herself from the perspective of ordinary people, and to deliver forged bill to the defendant himself/herself as a collateral. It is difficult to eliminate the possibility that B, like the defendant’s assertion, only “the above bill shall be provided only as a collateral, and shall not be able to other persons.”

B At the time when B delivered the above bill to the Defendant, K accompanied by B, at the time, the bill of this case was forged against the Defendant.

There is no fact that it stated to the effect that it was wrong.

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