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(영문) 대법원 2014.05.16 2014도2577
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the establishment of a crime of forging documents shall be determined in the form of whether the document is copied with the name of another person in the preparation of the document, and whether the content of the document is true shall not affect whether the crime of forging documents is established, except where there

Therefore, in case where a document in the name of a truster is prepared on the basis of the beginning of the entrusted authority, the crime of forging documents should be established. However, in case where a representative or agent of another person has the authority to prepare documents using his/her representative name, representative name or personal name, and where a document is prepared in his/her name in the name of his/her representative name, representative name or personal name with intent to pursue the benefit of himself/herself or a third party by abusing his/her authority, the document

I would like to say.

(1) In light of the aforementioned legal principles and records, the court below reversed the judgment of the court of first instance which found the Defendant guilty of each of the facts charged in the instant case on the ground that there is no proof of the facts charged, and found the Defendant guilty of each of the facts charged. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the crime of forging private documents or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence.

Meanwhile, the prosecutor appealed on the remainder of the judgment below, excluding the forgery of each private document and the uttering of each falsified document, but did not state specific grounds for appeal as to the part of the appeal.

2. The reasoning of the lower judgment on the Defendant’s ground of appeal is duly adopted by the lower court.

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