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(영문) 서울중앙지방법원 2017.06.29 2016노5184
사문서위조등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) mismisunderstanding of the facts did not forge or exercise a monetary loan certificate, or did not perjury.

(2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The facts charged in the instant case are as follows:

1. On March 16, 2009, the Defendant: (a) borrowed the second floor of the F building in Dongdaemun-gu Seoul Metropolitan Government; (b) G sexual mar and H headon; and (c) the day of March 9, 2009, KRW 100,000,000 ( KRW 100,000) with a computer in French and Seoul.

Therefore, I will pay the borrowed money by March 31, 2009, along with interest-based KRW 940,000 ( KRW 940,000).

“The interest calculation method, “non-fixed amount: Interest calculation method, 60 million won (80,000 won) and interest rate of 4.2% per annum on the deposit in Han Bank (1.40,000 won) = 9.40,000 won”; “the borrower’s address on March 16, 209; 203 of Gangnam-gu Seoul Metropolitan Government I building; name of the legal entity: K, corporation number: K, M, facsimile number: N, representative director’sO”; and had been prepared and printed and kept in advance.

J Representative Director Co., Ltd.: (a) forged a copy of the money borrowed in the name of the representative director of JJ, a private document related to rights and duties without authority for the purpose of exercising the official seal affixed to the O’s name; (b) around that time, the Defendant’s father was issued a copy of the forged money borrowed and exercised it.

2. A perjury;

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