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(영문) 전주지방법원 2016.03.17 2015노1210
사문서위조등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of the facts stated in the judgment below as to Defendant A1’s crime No. 2014 high group No. 1306 subparag. 1 of the judgment of the court below was merely engaged in the process of establishing a limited company E (hereinafter “instant agency”) and operated an enterprise separate from the instant agency, and thus, Defendant A did not have been involved in the conduct of insurance solicitation, etc. after the establishment of the instant agency, and the person who operated the instant agency is jointly Defendant B.

B) As to the facts constituting the crime of the lower judgment-based No. 2014 High Order No. 1306 subparag. 2, as indicated in the lower judgment, Defendant A, at the time of establishing the right to collateral security (hereinafter “H”) with which H Co., Ltd. (hereinafter “H”) as a creditor, affixed H’s seal impression on the power of attorney and used the said seal impression as is, and subsequently, Defendant A was in possession of the said Defendant. Accordingly, M who did not pay money to be paid by the said Defendant

H Seal imprint was required to change, and the above defendant delivered the above seal imprint with regardless of where M intended to use it, and the delivery of the seal imprint was made that M who received it made P prepare a power of attorney for the application for cancellation of registration of cancellation of mortgage creation and affixed his seal imprint. Thus, there was no fact that the defendant A committed the crime of subparagraph 2 of Article 2014 High Order 1306 of the judgment below.

2) The lower court’s unfair sentencing (two years and six months of imprisonment) is unreasonable.

B. Defendant B 1, 1, 3, 4, 5, 7, 7, 81, 85, 86, 86, 89, 89, 9, 9, 12, 14, 19, 21, 24, 28, 37, 38, 43, 44, 59, 65, 66, 72, 77, 84, 84, 85, 86, 89, 89, 94, 36, 36, 94, 54, 59, 59, 65, 66, 72, 77, 84, 86, 89, 90, 94, and 94 of the total insurance policy concluded by the contracting parties.

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