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(영문) 광주지방법원 2017.04.19 2017노886
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of misunderstanding of facts, misunderstanding of legal principles, and uttering of the private document among the facts charged of this case, is erroneous in the misapprehension of legal principles, or in the misapprehension of legal principles which affected the conclusion

1) The bill of lading in the name of “G” prepared and issued by the Defendant to the victim E (hereinafter “victim”) (hereinafter “the bill of lading of this case”) is a copy and the nominal owner did not have the form and appearance to the extent that it can be seen as a document written by the nominal owner due to the lack of the nominal owner’s signature and seal. Thus, the crime of forging private document is not established.

2) The Defendant’s delivery of the instant bill of lading to the victim is based on the victim’s request, and the victim knew that the instant bill of lading was forged, and thus, the said investigation document is not committed.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 as to the assertion of misunderstanding of legal principles) The crime of forging a private document is established when the title holder has prepared the form and appearance to the extent that it can be seen as a document prepared in a genuine manner and sufficient extent to mislead the general public into the real private document of the title holder. It does not necessarily require the signature or seal of the title holder. However, whether the general public is sufficient to mislead the real private document of the title holder should be determined by comprehensively taking into account all the circumstances, including the form and appearance of the document, the developments leading up to the preparation of the document, types, contents, and functions of the document (see Supreme Court Decision 95Do221, Dec. 26, 1997).

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