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(영문) 수원지방법원 2016.05.03 2016노921

사기등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the defense counsel (1) obtained prior consent from E to the receipt of the loan by submitting a loan transaction agreement under the name of E, each of the following: (a) each private document forgery and the use of each falsified document; (b) the victim T-S, Dong-do-U.S. loan; and (c) the loan.

Nevertheless, the court below held that the defendant did not obtain the above consent from E.

Based on the determination of each of the private documents of this case, each of the facts charged regarding the forgery of each of the private documents of this case, the use of the relevant investigation document, the victim Twits, Dong-do-U.S.-U.-U.S.-U.-U.

(B) As above, although the Defendant had agreed to prepare a loan transaction agreement under the name of the Defendant and to apply for a loan, the Defendant filed a complaint with the Defendant on the grounds that the Defendant forged the loan transaction agreement, and thus, the Defendant did not report any false fact, but reported the fact that the Defendant received the consent from the Party E, and it was believed to have been explained by the investigative agency that the Defendant may clarify the fact that the consent was obtained from the Party

E did not aim to obtain criminal punishment.

Nevertheless, the lower court erred by misapprehending the facts by finding the Defendant guilty of the instant accusation.

(2) In light of the fact that the criminal defendant committed the crime of fraud against the victim K, and that the defendant commits the crime of this case by making it unreasonable for the defendant to have committed the crime of this case by making it difficult to repay the loan to E and the victim K, and that the defendant committed the crime of this case by making it unreasonable for him to raise the insurance solicitation performance, the sentence of the court below which sentenced the 8-month imprisonment is too unreasonable.

B. The prosecutor (unfair sentencing) is from the victim’s Twit, Eastern Loan, and Mosan Loan by means of forging a private document under the name of E by using the mental mixed state of E in the process of brain surgery.