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(영문) 의정부지방법원 2017.01.13 2016노2674
사문서위조등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is that the Defendant only prepared the instant lease agreement with the I delegated by G, and did not forge or use the instant lease agreement with G seal as indicated in the instant facts charged, and the Defendant prepared the instant lease agreement without G’s consent.

Even if G knew the preparation of the lease agreement of this case, it can be presumed that it had been accepted as a matter of course, and even if it did not constitute a crime of forging and accompanying private documents, the judgment of the court below which found Defendant guilty of the facts charged of this case on a different premise is erroneous and adversely affected by the conclusion of the judgment.

2. Determination

A. A. A summary of the facts charged in the instant case 1) On March 9, 2015, the Defendant, at the E Child Care Center located in Seoyang-gu, Seoyang-gu, Seoyang-si, Busan, for the purpose of uttering, pays on the column in which the real estate lease contract form is located by using a computer without authority for the purpose of uttering, the Defendant pays on February 1, 2015, “Seoul-do Goyang-si D’s 1,200,000,000, 200,000,000, 130,000,000, 130,000,000, 200, 200, and 10,000, on February 10, 2015.”

“The amount of one million won per month (Won 3,000,000): Additional tax shall be paid on the last day of each month.

“.” The seller’s column stated “F apartment No. 903 G” in Eunpyeong-gu Seoul Metropolitan Government and was in possession of it in advance.

G has forged one copy of the real estate lease agreement in the name of G, which is a private document on the rights and obligations affixed with the seal of G.

2) On March 10, 2015, the Defendant filed an application for the modification of the above E-care center at the Goyang-gu Goyangdong-gu, Gyeyang-gu, Seoyang-gu, Seoyang-gu, and submitted the forged real estate lease agreement to a public official in charge of knowledge of such fact as if it was genuine.

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