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The judgment below
Part 2 of the Decision (2013 Ma3136) shall be reversed.
One year of imprisonment with prison labor for the above crimes.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) The Defendant of Q in the case of 2013 Godan3105 was aware that Q would make a passbook and would believe that Q would make it and deliver Q Q’s horses to the victim C and F, and did not engage in any act as if Q would issue a balance certificate on the ground of his figures, and did not receive money from the victim C and F. 2. 2) Since the Defendant was living together with the victim G at the time of the instant case, G had understood all the circumstances of the Defendant, and the Defendant was not intended to commit fraud against the victim.
B. The lower court’s sentence of unreasonable sentencing [2 years of imprisonment with prison labor for a second-year term and the second-year imprisonment with prison labor for a second-year term of imprisonment with prison labor for a second-year term of imprisonment with prison labor for a second-year term of imprisonment with prison labor for a second-year term of imprisonment with prison labor for a year and six months]
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the allegation of misunderstanding of facts as to the first crime (2013No. 3105) in the judgment of the court below, the victim C and F consistently stated that at the time of the case from the investigative agency to the court of the court below, the defendant "if a certain amount is paid, the victim C and F would create a passbook containing a large amount of money through the loss of a large amount of money he knows." The defendant also testified to the police and the prosecutor's office as above to the above victims, and the defendant led the victim C and F to the fact that it is a material for the process that he created.
In a thorough examination of the evidence of this case, it can be sufficiently recognized that the defendant, on the ground of the processed seal, "If he pays a certain amount under the name of commission and security, he would create a passbook containing a large amount of money through a large amount of loss." The victim C and F by deceiving the victim C and F, thereby deceiving the victim to acquire money from the above victims.
The Defendant stated that Q Q would create a passbook, thereby constituting Q Q.