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(영문) 수원지방법원 2016.07.20 2016노1663
사기등
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor (misunderstanding of facts and misapprehension of legal principles with respect to Defendant A), the court below rendered a judgment of innocence against Defendant A, although it could sufficiently recognize the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Defendant B’s punishment (eight months of imprisonment) is too unreasonable.

2. Judgment on the Prosecutor’s assertion of misunderstanding of facts and misapprehension of legal principles on Defendant A

A. The summary of the facts charged in the instant case 1) Defendant B’s joint crime is a person who operated “E” and “F” together with Defendant B, and Defendant A’s friendship G with forging relevant documents to arrange the lending of loans at a financial institution.

A) Defendant B, on November 12, 2010, forged official documents and forged private documents, at the “E” office located at O, O, O, O, O, the representative of G, prepared the details of the account transaction and printed out them on paper printed on the paper of the post office’s seal, and then Defendant A forged one copy of the account statement of G’s account transaction in the name of the Seoul, Young-dong post office by affixing the official seal of the Seoul, Young-dong post office at the bottom of the account transaction statement prepared as above, and Defendant A continues to serve as “G this date from December 22, 2008 to November 10, 2010.”

“” and one copy of the certificate of employment in the name of the J of the I Representative “The J of the I Representative shall collect work income tax from G from January 1, 2009 to December 31, 2009.

“A copy of the source collection receipt for wage and salary income under the name of the J representative respectively.

As a result, Defendant A conspired with Defendant B and G, and it is proved by 1 copy and fact-finding statement, which is an official document.

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