사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The progress of the instant case and the scope of the court’s trial
A. Of the facts charged in the instant case, the lower court sentenced two years of suspended execution, protection observation, and community service order 120 hours to the one year and six months of imprisonment with prison labor for the forgery of the private document, the use of the falsified document, and the fraud, and acquitted each of the following facts: (a) the lower court acquitted each of the following facts: (b) the preparation of the private document for qualification as well as the use of
B. As to the part of the judgment below's acquittal, the prosecutor and the defendant appealeded the aforementioned guilty part on the grounds of misconception of facts and misapprehension of legal principles, but the judgment of the court below prior to returning was dismissed by the prosecutor's appeal as to the above acquittal portion, and the defendant accepted the defendant's appeal as to the above guilty portion, and sentenced the defendant to two years of suspended execution and 120 hours of community service order to the defendant.
(c)
A prosecutor filed an appeal against the judgment of the court prior to remand on the grounds of misunderstanding of legal principles, and the Supreme Court has erred by misunderstanding the legal principles of the judgment prior to remanding the aforementioned acquittal portion.
The judgment of the court below and the guilty portion were reversed, and they were remanded to this court, on the ground that all of them should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code.
(d)
Therefore, the scope of this Court's judgment is all the convictions and innocences of the judgment below in accordance with the purport of the above remand judgment.
2. Summary of reasons for appeal;
A. Prosecutor 1) In the establishment of the crime of misunderstanding the facts and preparing private documents for qualification as a misunderstanding of the legal principles, it is not necessarily required to be indicated in the document that forged the qualification qualification, and in relation to the establishment of the private documents, among the facts charged in the instant case, the Defendant stated “E (A)” in the lessor column for a real estate lease contract with the victim J as a son may be deemed to be false representation of E’s representative or agent.
different from this section.