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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal is the document duly formed, since both the loan certificate dated August 8, 2008, the letter dated September 20, 2007, and the letter of loan dated December 7, 2007, obtained the seal impression from D, a document titleholder, through the wife C, and each of the above documents is a document duly formed. On the contrary premise, the crime of forging a private document, the crime of uttering of a private document, and the crime of attempted fraud cannot be established.
2. Determination
A. The summary of the facts charged was conspired with C to commit the following crimes.
(1) Around May 2008, for the purpose of utteringing the forgery of private document (A) without authority, prepared a certificate of borrowing stating that “the victim D borrowed KRW 60 million from the Defendant” using the computer without authority, and affixed the victim’s seal in advance on the victim’s name and forged one copy of the certificate of borrowing in the name of the victim, which is a private document on rights and obligations.
(B) For the purpose of exercising the aforementioned temporary border, a certificate of borrowing that “the victim borrowed KRW 30 million from the Defendant” using the computer without authority was prepared, and then the victim’s prior seal was affixed to the victim’s name and forged one copy of the certificate of borrowing the victim’s name, which is a private document on rights and obligations.
(C) For the purpose of exercising the aforementioned temporary border, a copy of a letter stating that “Nos. 802, 1501, and 1502 shall be awarded in the name of the victim of Jeju-si, but the victim shall own 1502, the defendant shall own 802 and 1501,” using the computer without authority, and forged a copy of a letter in the name of the victim, which is a private document on rights and obligations, by affixing the victim’s seal prior to the victim’s name.
(2) On May 19, 2008, when filing an application for provisional seizure of No. 1502 at the Jeju-si civil petition office of the competent Jeju District Court around May 19, 2008, the court employees who may know of the situation have completed one forged loan certificate as described in paragraph 1(a).