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(영문) 전주지방법원 2018.06.21 2017노1757

사문서위조등

Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C and D shall be punished by imprisonment for one year.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant C did not take part in the crime of re-crimes No. 1, 32 or 35 (the part concerning CS in the name of the lending owner) in the annexed crime list No. 1, 32 or 35 (the part concerning the loan owner).

B) Defendant D did not take part in each of the following offenses: (a) No. 9 (the part concerning the LA in the name of the lending owner); (b) No. 15 through 17 (the part concerning CT in the name of the lending owner); (c) No. 18 and 19 (the part concerning CX in the name of the lending owner); (d) No. 1 year No. 22 and 23 (the part concerning CV in the name of the lending owner) of the list of annexed crimes; and (d) No. 1 year No. 32 or 35 (the part concerning CV in the name of the lending owner) of the list of annexed crimes.

2) Defendant C and D did not take part in the crime of this part of the official document.

B. The sentence of the lower court is too heavy.

2. Judgment on the assertion of mistake of facts

A. 1) On the part of fraud, comprehensively taking account of the following circumstances acknowledged by the judgment of the court at issue (Defendant D) and the evidence duly admitted by the court at the lower court as to the re-crime No. 9 (the part on the nominal owner R) per annum of the annexed crime list 1 (the part on the nominal owner R) and the evidence duly admitted by the court at the lower court, Defendant C, A, N, and EA’s lending of R is determined to have been carried out by sharing their roles with the Defendant C, I, N, and EA. The evidence submitted by the prosecutor alone was that Defendant D participated in

The recognition is insufficient, and there is no other evidence to prove it.

① Defendant C, at the trial court of the first instance, proceeded with Plaintiff A to grant a loan to R, at the time N and EA were in charge of issuing receipts, and Defendant D was in the same place, but did not act specifically.

The borrowed money was distributed by B, Defendant A, and B, and Defendant D did not have been distributed.

“The statement was made.”

② At the time of the police investigation, R met by the introduction of "I, as the introduction of the defendant A, C, and C.

Defendant

A took the lead in lending work, and the defendant.