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The defendant shall be innocent.
Reasons
1. The facts charged in this case
A. On September 25, 2012, the Defendant, who forged a private document, voluntarily prepared a loan certificate to C on June 8, 2012, which became final and conclusive as of September 25, 2012, followed the date by a stroke, etc., with the intention to use it in the auction procedure, etc. with signature and seal affixed by C who had no knowledge of the contents and meaning of the loan certificate because of the stroke, stroke, etc.
The Defendant confirmed the amount of compensation, D’s past address, and telephone number through D’s text messages at a place unknown on September 26, 2012, and prepared a loan certificate on August 2, 2004 to the effect that C borrowed a total of KRW 349,108,330 from D using the computer’s Korean language program, and had C sign and affix his/her seal without properly notifying C of the contents of the loan certificate.
For the purpose of exercising authority, the Defendant forged a loan certificate in the name of C, which is a private document on rights and obligations.
B. On March 6, 2014, the Defendant submitted a false loan certificate, as described in the foregoing paragraph, to the relevant employee who was unable to know the forgery as stated in the Ganpo-gu Office of the Gwangju District Court, 29 as the definition of Sinpo-si, Mapo-si, and submitted it to the competent office, along with the written complaint as if it was duly formed.
Accordingly, the defendant exercised a forged loan certificate.
2. Determination
A. In the event that the signature and seal is duly formed by deceiving the holder of the title of the relevant legal doctrine or document to prepare the document, the deception is to make the document contrary to the intention of the signature and seal holder, and thus, the crime of forging a private document is established. However, the crime of forging a private document is established. However, without knowing the fact that the holder of the title deed expresses his/her intent stated in the document, the document is signed and sealed, or the document is signed and sealed by having the holder of the title deed mis