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(영문) 서울중앙지방법원 2017.03.23 2016노3425 (1)
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, on July 28, 2012, made it clear that the document was forged because he/she did not have any signature or seal on the ratification and guarantee column of the self-employed agreement. As such, even if the person who forged the document was not H, the Defendant did not have any intention of false accusation because it was merely a mistake in specifying the forged document, even if the person who forged the document was not H.

B. The sentence sentenced by the lower court (one year and two months of imprisonment and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances, which are duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can fully recognize the fact that the defendant directly stated his resident registration number and address in the letter of ratification and guarantee of the above business contract and signed and sealed it. Thus, the defendant's assertion of mistake is not acceptable

H, B, C, and J, which drafted a self-operating agreement (hereinafter “instant agreement”) on July 28, 2012, consistently from the investigative agency to the court of original instance, the Defendant entered his/her resident registration number and address in the column for ratification and guarantee of the said agreement and affixed his/her seal thereon.

statement is made.

In particular, the J was introduced by the Defendant who was next to the instant agreement with H, B, and C after the formation of the instant agreement, and the Defendant’s agent, after reviewing the said agreement, entered the resident registration number and address in ratification and guarantee column, affixed the seal and affixed the seal to J. “I are currently being implemented, constructed, and working in a large number of days.”

At the time, the circumstances were very specifically stated, which is consistent with the statements of H, B, and C.

The instant Dong business contract is jointly carried out by H, B, C, and J, “Re-sale business after the public auction of the apartment in Yeongdeungpo-gu G apartment and “joint operation business after the acquisition of a N hotel.”

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