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(영문) 전주지방법원 2017.12.22 2017노1057
사문서위조등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s forgery of a private document, use of a falsified document, and violation of the Resident Registration Act, the victim G delegated the Defendant with the authority to open a mobile phone in his/her name with the knowledge that he/she opened a mobile phone in his/her name and transferred his/her identification card, Defendant G does not constitute the crime of forging a private document, the crime of forging a private document, the crime of conducting a falsified document, and the crime of violating the Resident Registration Act.

B) As to the violation of the Automobile Management Act, the Defendant did not purchase the instant vehicle from K, but only leased money to K for the purpose of securing loans, and thus does not constitute a violation of the Automobile Management Act.

2) The sentence of the lower court’s unfair sentencing (two months of imprisonment with prison labor for each of the crimes as indicated in the 2017 order order and 636 order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination as to the assertion of mistake as to the defendant's forgery of private documents, the exercise of a falsified investigation document, and the violation of the Resident Registration Act

A. The gist of this part of the facts charged is that the Defendant, in collusion with the influence of name, opened and operated a mobile phone sales store under the name of the Defendant, purchased an identification card from C, etc. using the identity card, used the identification card, and opened a mobile phone and opened a business to make profits by selling it to D, etc., and opened a F branch in Busan, Seocheon-si E.

1) On November 20, 2014, the Defendant of the document forgery and the display of the said investigation document in collusion with his name in order to use a new written application in F, which was kept at the said place, “G” and “H and contact number column” in the customer name column, “I” and “I” in the Defendant’s name number column and address column, the purpose of which is to use “G” written in the applicant column and to arbitrarily sign the G name next to the G.

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