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(영문) 서울동부지방법원 2018.05.11 2017노1529
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant obtained the consent to the use of the name from AP, a representative director of Y Co., Ltd., and there is consent to the use of the name by AP to the name of Z due to mistake that AP resigned from the joint representative director of the Z Co., Ltd.

I think this mistake has a legitimate reason, so there is no crime of forging or accompanying private documents.

B) The report sent by the Defendant to the K&C and the On-Site supervision division is not a part of the completion but a draft showing the analyzed data in advance, and is not an object of the crime of forging a private document, and this is not sufficient for the general public to mislead it, and thus, does not constitute the crime of attempted execution of the above investigation document.

2) Since the Defendant did not know the fact that he attempted to commit fraud, the Defendant did not commit the crime of attempted fraud, and did not commit the crime of attempted fraud.

B. The sentence of the lower court (one hundred months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of misunderstanding the facts and misapprehension of the legal principles 1) The Defendant also asserted the same as 1. A. A. as the lower court’s judgment, and the lower court, based on the circumstances acknowledged based on the evidence duly admitted and investigated, the lower court’s error by the Defendant was justified.

Considering that this part of the charges cannot be seen as being guilty, this part of the charges was convicted.

Examining the above judgment of the court below closely with the record, ① clearly identified the scope of the Defendant’s use of name; ② AP did not deliver the seals of Z and AA in the file form to the Defendant as it concerns the illegal use of seals prior to the instant case; and affixed seals on the part submitted by the Defendant’s report, and then converted them to the PEF file.

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