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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant (misunderstanding of facts) permitted the representative of the association only in the name of the name, attached his seal impression certificate, etc. to C, and the attached documents were sent to C by the Incheon tax office. As such, the attached documents confirmed the name of the defendant in the contract of the Dong business and the contract of acceptance of overlapping obligations, and led D to file a complaint. The forgery of the contract of acceptance of overlapping obligations was important, but the contract was not deep enough to think that it was prepared, and filed a complaint.
Since the part of the contract for the same business has been withdrawn immediately after confirming that the defendant signed and sealed it in the first mass newspaper process, there is a doubt that the defendant has no intention to commit a crime against D.
It is difficult to see it.
B. The prosecutor (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion, namely, ① the Defendant, at the end of the instant business agreement with D, C, etc., entered his name and affixed a letter of reduction, and issued a certificate of personal seal impression to C, etc. issued directly, the Defendant stated in the prosecutor’s office that “The Defendant had a copy of the instant business agreement at the time of the preparation of the complaint, and the Defendant’s signature under the said business agreement was known that the Defendant was written by the Defendant; ③ Nevertheless, the complaint states that “D signed the Defendant, and affixed his seal to it,” it can be sufficiently recognized that the Defendant had a criminal intention to commit a crime.”
Therefore, the defendant's above assertion is without merit.
B. As to the prosecutor’s assertion, a number of sentence against the Defendant is recommended.