사문서위조등
The defendant's appeal is dismissed.
1. The lower court’s scope of trial is in the relationship between the crime of occupational embezzlement for which a judgment became final and conclusive as to the crime of occupational embezzlement among the facts charged in the instant case and the composite crime of which this part of the facts charged is the
As a result, a final judgment was rendered on the grounds that the effect of the final judgment extends to this part of the facts charged, and the remaining facts charged were found guilty, and only the defendant filed an appeal on the grounds of mistake of facts.
Therefore, the part of the court below's decision of acquittal was separated and confirmed, and the above occupational embezzlement was excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. In fact, the defendant received the land compensation agreement from I, the representative director of the Co., Ltd., and received the order to create a non-fund by receiving the land compensation agreement, and affixed a seal to the above land compensation agreement and delivered it to the Korea Land and Housing Corporation and received the land compensation agreement. Thus, the defendant did not have acquired the money by forging or exercising the land compensation agreement of this case.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
3. Determination
A. (1) The Defendant also asserted that the part concerning the forgery of a private document and the uttering of a private document were the same as the grounds for appeal in the lower judgment.
The court below found that the defendant forged the land compensation agreement of this case with the intent to seal the land compensation agreement of this case by forging the employee identification number of the company in charge of the transaction of this case, and held that the defendant guilty of this part of the charges, and rejected the defendant's assertion.