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(영문) 서울중앙지방법원 2015.06.11 2014노4767
사기등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have acquired property benefits by forging or forging the instant book or by using the instant book.

Nevertheless, the court below found the defendant guilty on the grounds of the witness's statement, etc. which cannot be recognized as credibility, and the court below erred by misapprehending the rules of evidence and misunderstanding facts, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one hundred months of imprisonment, and the destruction) is too unreasonable.

2. Determination

A. On August 7, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Seoul Eastern District Court for a crime of false accusation, and the said judgment became final and conclusive on September 4, 2014.

On June 2010, the Defendant: (a) kept the account book verifying the amount of money deposited (the same as a kind of receipt for verifying the amount of money deposited by the fraternity; and (b) kept by the fraternity members on the date on which the fraternity members received the amount of money deposited; and (c) kept the account book, which was written by H, with the intent of receiving the money from the Defendant, by forging the said account book as if the victim I received the money of money deposited by the fraternity; and (d) obtained the money of money from a civil lawsuit by forging the said book as if he received the money of money from the Defendant.

1) On June 2010, in order for the Defendant to submit private documents as evidence for a civil lawsuit at an irregular place, the Defendant drafted a document forgery book in the name of the victim that 5/26 through 7/7/7 of the said book “5,00,000” with red-folding in three pages, “1,070,000” was written, and 13 signature of I was written in the name of “J” of I, and 8,920,000 won (8,500,000 won for total amount and interest 4.20,000 won for total amount after receipt of the deposit), and that 5,000,000 won was received as a deposit in the name of the victim.

Accordingly, the defendant is related to the certification of facts.

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