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(영문) 서울서부지방법원 2016.07.21 2015노435

위조유가증권행사등

Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for each of the crimes of the 2013 Highest 3212 Highest 2014 Highest 689 Highest 201.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, by forging a copy of a certificate issued under the name of the National Bank (hereinafter referred to as “written confirmation”), had not used it to K, the lower court found the Defendant guilty of misunderstanding of the facts in the facts charged in the 2013 senior 3212 case, of forgery of a private document or uttering of the said written investigation document.

B. The punishment of the lower court (two years of imprisonment and two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant denied the charge of forging a private document and uttering of the aforementioned investigation document among the facts charged in the case 3212 which was decided by the lower court, and the lower court, which is, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., the Defendant, at an investigative agency, denies the first criminal facts of the case 2013 Godan3212 which was decided by the lower court, i.e., the Defendant borrowed the original cover note at a time, and was aware of the fact that he was included in the cover, and presented the cover note and its confirmation to K.

On February 1, 2011, when the defendant requested forgery and received a forged cover bill from the defendant (Seoul Western District Court Decision 201No. 648 Decided October 13, 201 in the evidence record), there is no reason to borrow a true cover bill to K on February 11, 201 with a view to showing a cover bill to K on February 11, 201 (in the court below's decision, the defendant led to the confession of the crime No. 1 in the above decision). ② The defendant presented a forged cover bill to K and presented a criminal agreement with J on February. 1, 201. The defendant also presented a written confirmation at the same time. The forged cover bill and the true cover bill are externally distinguishable from the forged cover bill and the true cover bill, in particular, the seal impression of the branch office of the National Bank, which is the publisher, is clearly divided into the original copy of the evidence record, and even if the defendant was in possession of a true cover bill or is able to be issued at any time.

(b)if any;