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(영문) 수원지방법원 2014.11.27 2014노3469
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, it is recognized that the defendant, the spouse of D, explicitly expressed his/her intention to consent to the preparation of the written consent to inquire into personal (credit) information, and submitted it to E branch of the company bank.

However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2. Determination

A. The summary of the facts charged in the instant case is between couple D and couple.

(1) On February 2, 2013, the Defendant forged a letter of consent to the collection and use of personal (credit) information inquiry consent for the purpose of obtaining corporate credit loans at a business bank E branch, indicating “V” as if the consent was given in the column of the unique identification information consent, and forging a letter of consent to the personal (credit) information inquiry consent by voluntarily entering “F” and “G” in the resident number column.

The Defendant, as stated in the foregoing (i), submitted to H one copy of the written consent for inquiry of personal (credit) information forged as stated in the foregoing (hereinafter “instant written consent”) on February 22, 2013, as if the written consent was duly formed at the point E of the Enterprise Bank E, and exercised the said written consent.

B. (1) In light of the legal principles and circumstances as indicated in its reasoning, the lower court did not have any explicit consent of D at the time of the Defendant’s drafting of the instant consent.

Even if D implicitly accepted it, or at least D had known that the consent of this case was not related to imposing debt on D, the spouse of the defendant, and was only used for the information inquiry, it would have accepted the written consent of this case.

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