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(영문) 울산지방법원 2013.12.20 2013노816
사문서위조등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to recover real estate sold by the Defendant A, the part concerning the fabrication of private documents, the uttering of a falsified investigation document, the fabrication of securities, and the uttering of forged securities (the acquitted part of the reasoning and the innocent part of the Defendant B) was forged by borrowing money from the Defendant B, and forged the loan certificate that the Defendant A guaranteed, and thus, the Defendants conspired with the Defendant B to file a lawsuit against the Defendant for the revocation of the fraudulent act, etc. on the ground of this, and the Defendants had the intent to jointly process the forgery of the loan certificate, etc., the Defendant A forged the loan certificate, etc., and the functional control over the Defendant B’s exercise of this right, the lower court acquitted the Defendant A of this part of the facts charged, and acquitted the Defendant B of this part of the facts charged, which affected the conclusion of the judgment.

B. As long as the Defendant filed a lawsuit against H to return KRW 7.34 billion, and asserted that it is a genuine claim, the lower court acquitted the Defendant of this part of the facts charged. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Reviewing the reasoning of the judgment of the court below with the record and closely, the court below found Defendant A not guilty of this part of the facts charged on the ground that this part of the facts charged constitutes a case where there is no proof of crime, based on the circumstances as stated in its reasoning, and found Defendant B not guilty of the facts charged, and there is no error of law as alleged by the prosecutor.

A litigation fraud shall be subject to a judgment favorable to himself by deceiving the court, and based on it, from the other party.

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