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(영문) 서울중앙지방법원 2013.05.09 2013노926
사기미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the contents of the contract concluded by the defendant and M&A on June 21, 2006 through the agreement of June 21, 2006, the defendant did not have the right to conclude a subcontract under the name of I, etc. Therefore, the court below which acquitted this part of the facts charged erred by misapprehending the facts against the rules of evidence.

B. Since the contract of this case of this case of this case of mistake of facts concerning attempted fraud was forged and the defendant made a false assertion or proof, the court below which acquitted this part of the facts charged erred by misconception of facts against the rules of evidence.

2. Determination on the grounds for appeal

A. Examining the reasoning of the judgment of the court below in light of the records of this case as to the assertion of mistake of facts regarding the uttering of the above investigation document, the evidence submitted by the prosecutor alone, when comprehensively considering the facts and various circumstances revealed in the facts, is insufficient to view that the defendant had no right to use each employee of I et al. for the subcontract, and that the defendant had been proved to the extent that there was no reasonable doubt that he arbitrarily forged the above construction contract by using each employee reduction. Thus, preparing each construction contract of this case constitutes a crime of forging private documents.

The judgment of the court below which acquitted the defendant for the reason that it is difficult to see that the defendant had the intention to commit the above Article at least, is just, and it does not seem that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts against the rules of evidence as pointed out by the prosecutor in the judgment of the court below.

B. The reasoning of the judgment below concerning the assertion of mistake of facts as to the attempted fraud is examined in light of the records of this case.

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