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(영문) 수원지방법원 2013.12.26 2013노3583

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall obtain money from the applicant for compensation on 317.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the health room is ex officio, and the prosecutor reaches the judgment of the court, and Article 2-1 of the facts charged.

In the paragraph, “after being attached to his own side, three copies were copied. Accordingly, for the purpose of exercising, the Defendant forged three originals of the payment order under the name of the chief clerk of the Suwon District Court, which is an official document, under the name of the chief clerk of the Suwon District Court,” respectively, the part that “after being attached to his own side, the Defendant copied it. Accordingly, for the purpose of exercising, the Defendant forged one originals of the payment order under the name of chief clerk of the Suwon District Court, which is an official document.”

In the paragraph, "the original copy of the payment order was sent by facsimile as if it were actually issued and then sent to C around that time, each of them was exercised" shall be changed to "the original copy of the payment order was sent by facsimile as if it were actually issued and sent to C by facsimile at that time, and exercised it." The application for amendment to a bill of amendment was made to delete Article 40 of the Criminal Act in the applicable provisions of law. Since the subject of the judgment was changed by this court's permission, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows. The judgment below's "criminal facts" is 2-A.

In the paragraph, “after being attached to his own side, three copies were copied. Accordingly, for the purpose of exercising, the Defendant forged three authentic copies of the payment order under the name of the chief clerk of the Suwon District Court, the official document, for the purpose of uttering.”