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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. On May 10, 2014, the Defendant: (a) did not forge the F’s borrowed instrument (hereinafter “the instant borrowed instrument”); and (b) submitted the instant borrowed instrument with no knowledge as to whether it was forged or falsified.
There is no fact that the defendant conspireds with D to commit the above crimes.
Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 2.5 million) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence as indicated in its judgment.
B. (1) The willful negligence of the relevant legal doctrine, which is a kind of intentional negligence, has the awareness of the possibility of occurrence of a crime, unlike gross negligence, and must have an internal intent to allow the risk of occurrence of a crime.
In light of the general public’s specific circumstances, such as the form of an act and the situation of an act performed outside the country without depending on the statement of the person who committed the crime, the psychological state of the offender ought to be confirmed from the standpoint of the actor, taking into account how to assess the possibility of the occurrence of the crime (see, e.g., Supreme Court Decision 2016Do15470, Jan. 12, 2017). In relation to co-offenders who jointly process at least two persons in a crime, the conspiracy does not require any legal penalty, but is a combination of intent to jointly process and realize the crime in a crime by two or more persons. Thus, even if the process of the whole conspiracy does not exist, if the combination of intent is made either successively or implicitly through several persons, the conspiracy relationship is established. There is no direct evidence.