공문서위조등
The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. The lower court rendered a guilty verdict on the charge of forging official documents, forging forged documents, and uttering of forged official documents among the facts charged against the Defendant. The Defendant appealed on the guilty part on the grounds of “guilty facts, misunderstanding of legal principles, and unreasonable sentencing,” and the prosecutor appealed on the guilty part on the grounds of unfair sentencing, instead of filing a separate appeal on the acquitted part, on the grounds of unfair sentencing.
Therefore, since the period of appeal against the non-guilty portion of the judgment of the court below is imposed separately, the scope of appeal is limited to the guilty portion of the judgment of the court below.
2. Summary of grounds for appeal;
A. Error of facts and misapprehension of legal principles (defendants) did not have a physical card in the name of the defendant I.
At the time, the criminal proceeds deposited into the account in the name of one in the game because they are not adjacent to each other from the co-offenders at the time, and they were deposited into the account in the name of N used by C without any special reason, and there was no intention to conceal criminal proceeds.
The defendant, C, and B are co-offenders, and the transfer of some of the criminal proceeds to one of the accounts used by the accomplices cannot be considered as concealment of criminal proceeds.
Nevertheless, the judgment of the court below which found the defendant guilty of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment is erroneous and erroneous.
B. As to the punishment imposed by the court below on the defendant (two years of imprisonment), the defendant asserts that the punishment of unfair sentencing (one year of imprisonment), ① the prosecutor committed the fraudulent act by submitting the false documents in a planned manner, ② the defendant brought most of the criminal proceeds to the criminal defendant, the charge of aiding and abetting the criminal defendant, the charge of evading the investigation and delaying the trial, and the actual result of the trial, etc., and ② the defendant brought most of the criminal proceeds to the criminal defendant.