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The judgment below
The part against Defendant A, C, and D among them shall be reversed.
Defendant
A, Defendant C, and D in imprisonment of one year and eight months.
Reasons
1. Summary of grounds for appeal;
A. It is unfair that each of the punishments sentenced by the court below to the defendants A and B (one year and eight months of imprisonment, and two years of imprisonment) is too unreasonable.
B. The prosecutor [the non-guilty part of the judgment of the original court (the non-guilty part of the reasons for the main charge)] in this part of the facts charged, the bank received the deposit with the false payment order, and the bank did not pay the deposit if it knew of such circumstances, and both the defendants' deception and the disposal act following the bank's mistake are recognized.
2. Determination
A. We examine ex officio the judgment of the court below on the grounds of appeal for ex officio determination of Defendant A, C, and D.
In the first instance of the trial, the prosecutor filed an application for changes in the name of the crime against the above Defendants and the application for changes in the indictment with respect to the evasion of compulsory execution as stated in the judgment of the court below. Since this court permitted this, the judgment of the court below was no longer maintained.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of the misapprehension of the legal principles as to the acquittal portion in the judgment of the court below is still subject to the judgment of the court of this court. Thus, this is also examined as follows.
B. Judgment 1 on the Prosecutor’s misunderstanding of the legal principles
A. (3) and part 2 of the judgment of the court below against Defendant A
A. Defendants B, A, and G, who run steel companies, deposited 15,00,000 won in the account of the relevant Defendant B’s Daegu Bank. However, the said account was suspended due to the fact that the damage amount was not withdrawn, and the said account was seized by receiving a false notarial deed.