사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In relation to the forgery and uttering of a private document, the Defendant did not forge the loan certificate under H’s name.
However, the judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. The following facts acknowledged by the lower court based on the evidence duly admitted and investigated as to the assertion of mistake of facts, namely, ① the Defendant was aware of the charge of forging the loan certificate upon the first instance judgment.
The Defendant, upon the police investigation, confirmed the loan certificate prepared in H’s name, and prepared all of the name, personal information, and the Defendant’s M account Number in his name, other than the part “A” and “I”.
(2) An entry in the account to receive money with knowledge of the name of the accused M and the account number in the name of the accused shall be possible only by the accused.
The following facts are similar: (a) the loan certificate under H’s name, the certificate of cash custody (record 5 pages), the statement of reasons for appeal, etc. prepared by the Defendant (the defense counsel of the Defendant submitted by I, the Defendant’s defense counsel on January 1, 2014, on the premise that the loan certificate was made by the Defendant on January 1, 2014, and the symptoms of the loan certificate under H are different from the loan certificate under the name of the Defendant on January 1, 2014.
However, on January 1, 2014, the defendant stated to the effect that he/she is not aware of the fact in the court, and I also borrowed the above loan and borrowed money from AB, and thereafter AB was responsible for it.
On January 1, 2014, L is considered not to be the body of the defendant) and (4) in the court of the first instance, “A and I already contain different parts before entering the loan certificate of H brought by the defendant.”
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