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(영문) 대전지방법원 2015.10.30 2015노556
사문서위조등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not forge a certificate of borrowing of facts, and by exercising this, exercised the right to file a lawsuit against C seeking the return of the loan, and only did he properly win the lawsuit and did not deceiving the court.

Nevertheless, the judgment of the court below which found the defendant guilty.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) on August 2007, the Defendant lent 80,000 won to the said victim with the knowledge of the victim C for the purpose of apartment bond deposit; (b) on December 2, 2007, he had the said victim repaid the full amount of the loan but had continued to hold the loan certificate; (c) on June 2, 2008, the Defendant deceiving the Chinese court by deceiving him; (d) on June 2, 2008, on the basis of “the loan amount column 49,863,000 won (49,863,000); (d) on 30% of the interest rate column; (e) on 70% of the loan amount ; (e) on 40% of the loan amount ; (e) on 70% of the loan amount ; (e) on 30% of the loan amount ; and (e) on 40% of the loan amount 20% of the above loan amount ; and (e.g., 24) the above 300% of the loan amount borrowed.

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