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(영문) 인천지방법원 2014.11.26 2014노3373

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, a private person is forged.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, who received delegation or approval from F and made and used his seal, the Defendant did not exercise the private seal forged or forged.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. The judgment of the court below ex officio becomes final and conclusive, and the judgment of the court below cannot be maintained as it stated in paragraph (2) of the facts charged in the case below and applied for changes in the indictment as stated in the revised facts charged, and this court permitted the changes in the subject of the judgment.

The modified indictments

2. On November 30, 2012, in collusion with E, K, and L, the Defendant was transferred KRW 70 million to the Industrial Bank of Korea account in the name of the Defendant in the name of the Defendant as a broker for purchase of a used vehicle under the name of the Defendant, even though there was no intent or ability to purchase the sz S500 L car, the Defendant, who is an employee, was a used vehicle dealer, as a used vehicle sales agent, as if he actually mediated the sz S500 L. In addition, the Defendant was committed as if he purchased the sz S500 L used vehicle under the name of F, his father, and then was transferred from the victim to the Industrial Bank of Korea under the name of the Defendant as a broker for purchase of the sz. on the same day.

3. The defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though there are grounds for ex officio reversal of facts as seen above.

The crime of forging a private seal under Article 239(1) of the Criminal Act is established when the seal of a third person is forged without authority for the purpose of illegally exercising the seal against the will of the third person. Therefore, if the seal of a third person is forged with the explicit or implied consent or delegation from the third person at the time of excluding the seal of the third person, the

In full view of the evidence duly adopted and examined by the court below and the court below, ① Defendant, E, and.