특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant's appeal is dismissed.
1. The court below found guilty of the charge of forging a private document and uttering of the above investigation document among the facts charged in this case, and found the guilty guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the past, and found the guilty guilty of the fraud contained in this part of the facts charged, and found the not guilty part of the defendant's appeal only against the non-guilty part of the facts charged, which was in fact excluded from the object of attack and defense between the parties, and thus, the judgment of the court below is not judged again in accordance with the conclusion of innocence and the trial of the court below.
2. Summary of reasons for appeal;
A. Fact misunderstanding 1) The Defendant provided D club lease deposit repayment claims, etc. as security, and did not deceiving the victim with respect to the value of the security, nor had the intent and ability to repay the borrowed money from the victim, and had no intention to defraud it.
2) The Defendant, with the I’s permission, thought that he was prepared with the I, or had the I’s estimated consent, to prepare the said share purchase and sale contract, and did not have any intention to forge the private document or to exercise the said investigation document.
3) Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misunderstanding of facts.
B. The sentencing of the lower court is too unreasonable.
3. Determination
A. 1) In light of the following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated evidence, it is sufficiently recognized that the Defendant, even if the Defendant borrowed money from the victim, he/she did not have the intent or ability to repay the money, by deceiving the victim and receiving the money as the borrowed money, and the evidence submitted by the defense counsel alone is sufficient.