logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.02.19 2019노338
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was authorized by C to prepare the instant loan certificate and notarial deed.

Nevertheless, the lower court erred by misapprehending the fact that the lower court found all of the facts charged of this case guilty, thereby adversely affecting the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. In light of the following circumstances, the judgment of the court below as to the assertion of mistake of facts and the evidence duly adopted and examined by the appellate court, the judgment of the court below is just, and there is no error of mistake of facts alleged by the defendant.

Therefore, the above argument by the defendant is without merit. A) Since the investigation stage, C consistently states that he does not agree to the preparation of the loan certificate, etc. of this case to the defendant and that he does not have any equivalent effect. B) The defendant asserts as follows.

① Since the previous loan certificate was lost to the Defendant, B prepared and changed a new loan certificate and a notarial deed for it, and C’s certificate of personal seal was also required.

(2) The Defendant obtained permission from C with respect to the instant loan certificate, issuance of a certificate of personal seal impression, preparation of a power of attorney on authentic deeds, etc.

C) However, it is difficult to believe that the Defendant was requested by B to prepare a new loan certificate. ① The Defendant stated that B was required to prepare the instant loan certificate (Evidence No. 51) since B was lost due to the loss of the existing loan certificate (Evidence No. 53) by himself (Evidence No. 88). However, B issued the existing loan certificate to C after receiving the instant complaint from C (Evidence No. 46,51) (Evidence No. 46,51), and the Defendant also recognized that the loan certificate received by C as above constitutes an existing loan certificate (Evidence No. 96 of the Evidence No. 96). In other words, B did not lose the existing loan certificate.

(2)

arrow