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(영문) 부산고등법원 (창원) 2012.10.19 2012노139
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant asserted that the above K is named, and that the name is named, but it is specified as K in the investigation records, etc.

(D) In connection with the construction of high-class loan by J, etc., the Korea Finance Center (hereinafter referred to as the “D”) in which the Defendant is working for the future EF Trust Fund.

(B) In the case of the forgery of private documents and the uttering of a written confirmation, the court below did not recognize the intention of the above Article and the fact that there was a forgery of the payment guarantee certificate and the fact that it had the intention to commit the crime of uttering of the above investigation document to E merely supplement the date of the preparation, etc., because it was merely a supplement to the document prepared by K, etc., and it was delivered to G other than E in the case of the written confirmation, and thus, it could not be liable to commit the crime of uttering of the above investigation document to commit the crime of uttering of the above investigation document. Thus, the court below acknowledged the intention of the above Article and erred in the misapprehension of the fact that it had the intention to commit the crime of uttering of the written confirmation, which affected the conclusion of the judgment by misunderstanding the fact that the defendant committed the forgery of the payment guarantee certificate and the fact that it had the intention to commit the forgery of the document to E, notwithstanding the fact that the payment guarantee certificate was forged.

B. One year of imprisonment with prison labor imposed by the lower court on the Defendant.

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