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(영문) 서울고등법원 2017.08.11 2017노584

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be sentenced to imprisonment of three years and six months and fine of 615,000,000 won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s sentence of imprisonment with prison labor and fine of KRW 465 million is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty part) Defendant A would give a loan.

The certificate of seal impression, etc. necessary for the establishment of a corporation from AY was issued and used as BK and BL without knowledge of the fact, and the AY business operator's corrective registration report was prepared and used.

Defendant

A has the evidence to reinforce the confessions among the evidence submitted by the prosecutor that led to confessions in the original trial.

2) The lower court’s sentence against the Defendants, which is unfair in sentencing (for the Defendants), is too unreasonable.

2. Determination

A. The lower court determined that: (a) although Defendant A led to a confession by misunderstanding of facts and misapprehension of the legal doctrine; (b) each police statement by BK and AY directly submitted a correction report under the name of Defendant AY; and (c) there was no evidence to reinforce the confessions without any other evidence supporting the fact that Defendant A directly submitted a correction report under the name of the

2) According to the evidence duly admitted and examined by the lower court and the first instance court, Defendant A, through BK and BL, has sufficiently recognized the fact that he forged a copy of the report on the correction of a business operator’s registration under the name of AY, which is a private document related to rights and obligations without authority, without authority.

Specific reasons for judgment are as follows.

① Defendant A led to confession of this part of the facts charged at the lower court.

(2) AY does not mean to establish an enterprise which grants a loan and issues a certificate, etc. of seal imprint.

“The statement was made”.

BK “Defendant A has obtained AY consent.”

Me was so known.

“The statement was made”.

The prosecutor submitted a copy of the revised report of the business operator that was forged in the trial as evidence.

AY, BK statements, and copies of corrective reports on business registration shall be evidence to reinforce the confession of Defendant A.

The prosecutor's factual mistake and misapprehension of legal principles are justified.