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(영문) 수원지방법원 2018.11.22 2018노2671
사문서위조등
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the request or instruction of B, has prepared each of the loan transaction contracts of this case, and there was no forgery.

B. The lower court’s sentence (six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination:

A. From October 2015, the Defendant was living with B since 2013, the Defendant reported the marriage with B and the game room around November 5, 2015 while operating the said game room. C was an employee in the said game room, and C had lent money to the Defendant and had not received repayment.

Defendant and C conspired to obtain loans under the name of B B and to use the Defendant’s obligations to C for the purpose of repaying the Defendant’s obligations to the loan application, and the Defendant requested around December 29, 2015 to change the mobile phone used by the Defendant to B’s name, and opened a D association account in the name of B on the same day, and C took place as B while applying for loans by telephone to E and F around that time.

1) On December 30, 2015, the Defendant and C conspired with the Defendant in collusion with the Defendant to enter “B” in the “E Company Loan Transaction Agreement” form without authority for the purpose of using the Defendant’s loan application in the H game room operated by the Defendant in Suwon-gu, Suwon-gu, Suwon-si for the purpose of using the loan application in the “E Company Loan Transaction Agreement” form, and entered “B” in the “30,000,000” column for the “2020-12-30” loan interest rate column for the “2020-12-30” expiration date of the “2015-12-30” contract in the “34.894 year’s interest rate column for the “34.894.94” in the “34.8’s response column for the confirmation of the contents of the principal contract, signed the “B” name next to the date of consent to the use of personal information, and signed the name of “B” name and duty of the applicant.

B) Defendant and C did not have authority to use C for a loan application in the above H games around January 4, 2016.

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