공정증서원본불실기재등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. As to the fraud among the facts constituting a crime of mistake of facts in the judgment of the court below, the defendant submitted a notarial deed and promissory note as an executive title under the agreement with D, the representative director of D, which is the representative director of D, and received an order of seizure and assignment of the claim. This is consistent with the intention of the
B. The lower court’s sentence of unreasonable sentencing (one year and three months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal ex officio, the Prosecutor applied for changes in indictment with the content that the facts charged are added alternatively in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court, and this Court admitted that the facts charged alternatively added are guilty as follows. As such, the judgment of the court below cannot be maintained as they are.
3. In conclusion, the court below's decision is reversed ex officio and it is again decided as follows, without examining the defendant's grounds for appeal, as long as the court below found the defendant guilty of selective charges subject to the trial only at this court. Thus, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows.
[Discrimined Judgment] Except for the following changes in Article 3 of the Criminal facts and the Summary of Evidence, the judgment of the court below is as follows.
3. On August 4, 2016, the Defendant in breach of occupational duty in collusion with D, the representative director of the victim company (State), submitted to the victim company the “notarial deed” and the “bill of Promissory Notes” stating the fact of mistake, such as the foregoing Paragraph 1, at the Gwangju District Court’s branch office located in 330, 330, Jeonnam-gun, Jeonnam-gun, Chungcheongnam-do, Seoul Special Metropolitan City branch office around August 4, 2016, although the Defendant did not hold a claim equivalent to five billion won against the victim company.