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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts: (a) The Defendant had legitimate authority to prepare the instant real estate sales contract on behalf of the owner of the instant real estate inasmuch as he/she acquired the shares and management rights of the Newcom Holdings Co., Ltd. (hereinafter referred to as the “Newcom Holdings”) from the Newcom Holdings Co., Ltd. (hereinafter referred to as the “Newcom Holdings”); and (b) the documents presented by the Defendant to the victim are not the instant real estate sales contract, but the contracts and contracts between the Newcom Holdings and the Defendant on the acquisition of the shares and management rights of the Newcom Holdings; and (c) the Defendant received 10 million won in accordance with the agreement between the Defendant and I, not by deceiving the victim; and thus, the Defendant was guilty of the facts charged in the instant case, thereby affecting the conclusion of the judgment.
B. The lower court’s imprisonment (one year of imprisonment) is too unreasonable in light of the fact that the Defendant agreed with the victim of unreasonable sentencing.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for the permission to amend the indictment, name of the crime, and applicable provisions of law to the part concerning the forgery of private documents and the uttering of private documents when the prosecutor was in the trial at the trial, and the subject of the judgment was changed by this court's permission. Thus, the part concerning the forgery of private documents and the uttering of private investigation documents among the judgment below is no longer maintained, and the part concerning the crime of uttering of private documents among the judgment below should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes under Article 38(1) of the Criminal Act in relation to the above reversal and the former part of Article 37 of the Criminal Act.