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(영문) 서울북부지방법원 2017.04.14 2016노2345

공문서위조등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Of the judgment of the court below, the part regarding “one year and six months” in the text of the judgment.

Reasons

1. Reasons for appeal;

A. As to the guilty portion of Defendant A1’s conviction, Defendant A did not commit an attempted crime, such as uttering of forged official documents, fabrication and uttering of private documents, and electronic records, in collusion with the remaining Defendants in order.

At the time, Defendant B’s resident registration certificate received from G and Defendant B was attached with pictures of Defendant B, and was issued normally as a result of inquiry about the issuance number of a certificate of seal imprint.

Due to these circumstances, Defendant A merely carried out the real estate registration procedure without knowing that Defendant B was guilty of forgery of various documents, or that Defendant B was engaged in the real estate registration procedure.

2) The lower court’s unreasonable sentencing is hot.

B. As to the uttering of forged official documents, Defendant B did not know that the official documents, such as resident registration certificates, were forged, and even if Defendant B delivered forged official documents to Defendant A, this merely constitutes an accomplice and does not constitute a crime of conspiracy of forged official documents.

With respect to the attempted portion of false entry, such as public electronic records, Defendant B was aware that the president would be dismissed, and Defendant B signed and sealed documents that Defendant A et al. knew, but did not know the outline of the total crime for the registration of false real estate.

Therefore, Defendant B did not have conspired or participated in this part in the order with the remaining Defendants.

2) The lower court’s unreasonable sentencing is hot.

(c)

Defendant

C1) In fact, Defendant C introduced Defendant B by receiving a request from G to request the president of the entertainment room. Defendant C was only a fact before Defendant A certified judicial scrivener office, and there was no conspiracy or participation in the crime by the rest of the Defendants regarding forgery of various documents or its exercise.

2) The lower court’s unreasonable sentencing is hot.

(d)

(1) As to the part not guilty of Defendant A and B (the forgery of an official document)