logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.24 2018노147
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

The judgment of the court below shall be 10 pages, 2 below in the name of K.

Reasons

1. Summary of grounds for appeal;

A. D’s assertion of misunderstanding the facts or misapprehension of the legal principles by the Defendant was delivered to D each of their respective seal impressions, with the comprehensive and implied consent of K, L, to prepare documents in each name of KB according to its necessity.

Based on this, D alone prepared documents in the name of K and L without prior recruitment with the defendant.

The defendant was first aware of the preparation and submission of D's payment order at the investigation stage, and he did not object to D's request because he did not object to D's payment order.

Therefore, even if D prepares a false request for each payment order in the name of K and L, the crime of forging a private document is not established.

Even if the crime of forging a private document and the crime of forging a private document is established, the defendant cannot be held liable for the forgery of the private document or the exercise of the above investigation document.

However, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The defendant asserts that the amount of the punishment of the court below (one year of imprisonment with prison labor) is unfair because it is too unreasonable for the defendant and the prosecutor, and the prosecutor asserts that the amount of the punishment is unfair because it is too uneasible. The prosecutor asserts that the amount of the punishment is unfair.

2. Determination

A. According to the evidence duly admitted by the lower court as to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, there are various facts or circumstances acknowledged in the first instance court’s 2nd 2nd 2nd 24th 5th 24th 200, and judgment based thereon [Provided, That the lower court’s judgment’s 15th 11th 12th 2nd 2nd 12th 2nd 2nd 2nd 2nd 300

“The part” is to the effect that the Defendant stated in this Court that the Defendant’s statement in his statement is true and that such statement was made.

arrow