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(영문) 서울중앙지방법원 2013.12.26 2013노947
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The first sentence of the lower court (one year of imprisonment) against the Defendant is too unhued and unfair.

B. Defendant 1) The supplementary appellate brief, etc. submitted after the date on which the appellate brief was not timely filed, is examined to the extent that it supplements the grounds for appeal. A) misunderstanding of facts or misunderstanding of legal principles with respect to the case of 2012 Godan3575, which was submitted after the date on which the appellate brief was not timely filed, was transferred to F, and the representative director was also changed to N, but the Defendant exercised management right as a real operator of the above company. Accordingly, it was found that preparing and using the sales agency service contract, the certificate of money rent, and the construction work contract was made with F and the representative director’s consent or implied consent. Thus, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal principles, which affected the conclusion of the judgment.

B) The first instance court’s sentence (four years of imprisonment) against the Defendant on the grounds that the Defendant’s act of forging a private document of this case on the use of the investigative document of this case among the case of the second instance judgment 2013Hun-Ga90, the Defendant’s act of forging a false document of this case was forced by K, and thus, it was well known that such forgery was committed. Thus, even if a forged private document was delivered to K, it does not constitute the crime of uttering of the said private document of this case, the lower court which found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment. (B) The second instance court’s sentence (one year and six months of imprisonment) against the Defendant on the grounds that it is too unreasonable.

2. Determination:

A. Prior to the judgment on the grounds for appeal ex officio, the first and second court made ex officio a decision on the defendant's grounds for appeal, after the separate examination of the defendant is completed by the court below, and then the defendant's punishment is imposed by each sentence.

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