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(영문) 부산지방법원 2017.02.10 2016노728
사문서위조등
Text

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. Summary of grounds for appeal;

A. Fact-misunderstanding H’s real estate sale contract and bond transfer contract under H are prepared by agreement with D, V, and J, which are delegated with H’s authority to prepare by the H, and the Defendant does not arbitrarily forge it.

Nevertheless, the court below found the defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Each sentence of the lower court’s unfair sentencing (i.e., KRW 1 million for the crime of KRW 1, 200,000 for the crime of KRW 2,00 for the crime of KRW 1,00 for the first instance judgment, ② the crime of KRW 1,00 for the first instance judgment, and KRW 2,00 for the crime of KRW 2) is too unreasonable.

2. Determination

A. Summary of the facts charged 1) The Defendant: (a) purchased private document forgery and uttering of a real estate sale contract from D and E and seven parcels at Kimhae-si; (b) sold a building on that ground to divide the profits therefrom; and (c) agreed to conduct a business.

The relationship is the relationship.

A) On June 23, 2008, the Defendant entered the details of the real estate transaction agreement and H’s name in the name of the seller H and the purchaser of the Gyeongnam-si, Kimhae-si, Kim Jong-si, and three parcels of land, and then printed it in a computer without the consent of H in the name of the 'GG Certified Judicial Scriveners Office F in Kimhae-si, 2008.

H has forged one copy of private document on rights and obligations by sealing his seal.

B) On August 12, 2014, the Defendant submitted a forged real estate transaction contract at the Busan High Court located in the Busan High Court, which had been concluded as genuinely, to the court and exercised it.

2) On February 10, 2009, the Defendant: (a) on February 10, 2009, entered H’s name in the column for the transferor of the contract for the transfer of claims to which the transferor H and the transferee A was a person before the Busan Bank located in the Busan Metropolitan City, Busan Metropolitan City; and (b) entered H’s name in advance in the column for the transfer of claims to which the transferee

H One copy of a private document on rights and obligations by affixing a seal.

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