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(영문) 춘천지방법원 2011.05.04 2011노144
사기 등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been permitted by K to become a joint and several surety and prepared and used a loan application form with K as a principal debtor by using the certificate of the personal seal impression, etc. However, a person who permitted to become a joint and several surety shall be deemed to have permitted to prepare a document with the purport that he will bear the amount of debt equivalent to the same amount. Therefore, in the facts charged in this case, the judgment of the court below which found the Defendant guilty, even though it was not guilty, is erroneous in the misapprehension of facts or by

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On August 8, 2008, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) stated in the column for the applicant for the loan agreement that “K, Gangwon-do, NAN; (c) “O” in the mobile phone number column; (d) stated “K, E, E, E, 26,800,000 won; and (e) stated in the letter of delegation form as “K” and the debtor column and the total amount of loans, and then affixed two copies and one proxy letter of the car loan agreement in the name of K, which is a private document on rights and obligations, and forged, at the same time and place; and (e) submitted two copies and one proxy letter of the car loan agreement in the name of K, which is a private document on the rights and obligations.

In this way, the Defendant conspired with B and I to forge and use private documents.

B. The judgment of the court below is based on the evidence presented at the court below.

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