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(영문) 수원지방법원 2012.03.15 2012노50
사문서위조등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A prosecutor’s assertion of mistake of facts or misapprehension of legal principles (as to the forgery and uttering of each private document on December 5, 2006 among the facts charged in the instant case, and the fraudulent entry and exercise of the authentic copy of the authentic deed on December 28, 2006), G admitted the Defendant’s use of his seal imprint or certificate of personal seal impression in joint business with the Defendant.

However, it is difficult to view that the defendant's arbitrary act of entering into a real estate sales contract with G as purchaser has the same effect as such.

Therefore, the Defendant’s arbitrary use of the seal impression design, etc. in the name of G in which he was ordinary possession without G’s consent, and the Defendant’s act of preparing a real estate sales contract in the name of G with respect to each of the lands and the ground buildings listed in paragraphs (a) and (b) (hereinafter “instant real estate”) among the facts charged not guilty in the judgment below, and submitting it to the registry official and allowing G to be registered in the real estate register as a co-owner with respect to the instant real estate shall be deemed as constituting the crime of forging and uttering private documents, and the crime of un

Nevertheless, the court below rendered not guilty of this part of the facts charged. The court below erred by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. On March 14, 2008, the Defendant alleged a mistake (1) of the facts stated in the judgment below (as to the crime of false entry into the official electronic records, etc. under paragraph (2) and the crime of uttering thereof). On March 14, 2008, in the facts stated in the judgment of the court below, the Defendant directly signed and sealed G after preparing an agreement on partition of co-owned property as to each land mentioned in paragraph (2), and completed the registration of partition of co-owned property as to each of the above real estate after obtaining a certificate of personal seal impression and a certified copy

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