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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The most important thing is in the misconception of facts and misapprehension of legal principles (as to the crime of forging and uttering of private documents, the crime of forging and uttering of private documents), and the contract is prepared promptly by the buyer before the buyer withdraws the intention of sale. For this purpose, F, the representative of the victims granted the defendant the right to freely create and use the discretion of the management or sale price of the contract, the preparation of the provisional contract, and the seal of the victims to be used at the time of the provisional contract. As such, the defendant was authorized to arbitrarily determine the ratio of the sale price and the down payment, and prepare the contract in the name of the
In addition, the defendant obtained the consent from F to the conclusion of the contract with the condition that the sale price shall be discounted by 20 million won and the contract with the rate of 20% of the down payment rate. The defendant does not arbitrarily prepare the sales contract for the building G, H and I of this case without authority.
Nevertheless, the court below convicted this part of the facts charged, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that F did not grant the right to prepare a sales contract at a discount of 20% of the sales price, as stated in the facts charged, to the Defendant. ① Although sales contract can be sold more than the pre-determined sales price (138 pages of investigation records) due to reasons such as low sales record (Article 15(3) of the sales agency contract, investigation record 17 pages), the sales contract shall be prepared only as the contract payment is made by the victims (Article 3(3) of the sales agency contract).