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The prosecutor's appeal is dismissed.
Reasons
1. The summary of grounds for appeal;
A. The Defendant recognized the charge at the time of the police investigation.
B. The Defendant was found to be “unjudgmentable” as a result of the investigation of the detection device against the Defendant. The Defendant appears to be very able to make a false statement, such as sending the victim a letter stating that he/she had taken the “definite response” as a result of the investigation of the detection device.
(c)
The defendant has a history of being sentenced to suspension of indictment due to the forgery of private documents, and there are many criminal records of fraud, while the victim has a criminal record of drinking driving and a fine for violence, and there are no other special criminal records, so the victim's assertion is more reliable than the defendant's assertion.
2. Summary of the facts charged in this case
A. On April 24, 2008, the Defendant forged a private document stating that “the indication of real estate: the indication of real estate: E, F, G, H, and the grounds for registration and its date: on April 24, 2008, the term “mortgage-backed mortgage contract on April 24, 2008”, “the maximum amount of claims: KRW 901,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
J’s seal was affixed.
In addition, the Defendant stated “the indication of real estate to be registered: the indication of real estate to be registered” without notifying the J in advance of the purpose of the use thereof at the same time and place, as “a letter of confirmation”, and stated “a person without any intention, such as the Sinando E, F, G, H, and H: J and Dobong-gu Seoul Metropolitan Government K Apartment 101-1202.”
On the same date and place, the Defendant continued to possess in advance the name of the J after stating “The maximum amount of the claim” as the title of the “agreement on the creation of a right to collateral”: (a) Ma, F, G, H, and the “The maximum amount of the claim: 0 million won per annum”; and (b) 101-1202 of K Apartment in Dobong-gu Seoul Metropolitan Government.”