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(영문) 대전고등법원 2020.02.07 2019노290

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

(b).

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts (the fabrication of private documents and the use of such events against Defendant A) (the name of Defendant A), unlike AP, Q, and AO at the site at the time of preparing the supply contract for ready-mixed, Defendant A knew the personal information of the AG as joint and several sureties, and even prior to the instant case, there are several official seals in the name of the AG and the documents in its name. In addition, Defendant A was clearly aware of the motive to forge the joint and several sureties of the AG column of the AG column of the BG in the supply contract for ready-mixed, and the fact that Defendant A voluntarily entered the A’s telephone number of the AG number of the BG of the BG in the supply contract for ready-mixed. Nevertheless, the lower court erred by misapprehending the facts in determining that this part of the facts charged was difficult to be proven without any reasonable doubt. 2) Defendant A was punished by imprisonment with prison labor for two years and six months, and Defendant B limited liability company (hereinafter “Defendant B”).

: fine of 25 million won and Defendant C Limited Liability Company C (hereinafter “Defendant C”).

When referring to all the above companies, “Defendant Company” shall be deemed to be a “Defendant Company.”

: Fines 21 million won is too minor.

B. The Defendants explicitly withdrawn misunderstanding of facts stated in the grounds of appeal on the first trial date at the appellate court.

Unfair sentencing: Each sentence of the lower court on the Defendants is too heavy.

2. Ex officio determination

A. A. The prosecutor Amendments to Bill of Indictment: (a) the sum of the charges charged in issuing and receiving false tax statements in the name of Defendant A in the appellate trial is KRW 2,858,50,000; (b) the sum of the charges in the “2,073,50,000 won” in the “2,073,50,000 won”; and (c) the sum of the charges in the attached Table 2 (2) [Attachment 2] of the judgment of the court below in the “30,000,000 won in the middle of 730,000” in the “30,000,000 won in the middle of 7,573,50,000 won in the middle of 4 or 8”; and (b) the sum of the charges in the table 1,573,50,000 won in the middle of 1,018,500.