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(영문) 서울서부지방법원 2014.10.16 2014노998
사기등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a term of two years and six months.

Defendant

B, C,.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles - Defendant D and E (1) Defendant D did not have publicly recruited or invited with other Defendants in connection with the instant crime, and did not have shared the roles of real estate office and financial institution interference, loan application and loan receipt. However, although Defendant C was engaged in an act such as bringing Defendant C into a real estate office, etc. with a vehicle without gathering the specific details of the crime, the judgment below convicting the Defendant of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles.

(2) Defendant E, according to the direction of M, only inserted a letter on the recruitment of loan applicants and sent the personal information of the loan applicants to M in writing, and did not have any fact that he participated in the crime of forging a private document or uttering of a private investigation document, the court below found the Defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of the legal principles.

B. Unreasonable sentencing - Each sentence of the lower court (the Defendant A’s imprisonment for three years and six months, the Defendant B’s imprisonment for August, the Defendant C five years, the Defendant D’s imprisonment for two years, and the Defendant E’s imprisonment for two years) is unreasonable.

2. Determination on Defendant D’s appeal

A. According to the evidence duly examined and adopted by the court below, such as the defendant's statement in the court below and prosecutor's office, co-defendant C, and prosecutor's statement in each court below's judgment of the court below and prosecutor's office, B, Q, A, E, AE, AE, and H's statement in each prosecutor's office, each apartment lease contract, each apartment deposit contract, each financial transaction details, and copy of passbook, etc., the defendant can be fully recognized as having committed the crime of this case by promising that the defendant conspired or conspired with M and received compensation in sequence M, and by sharing the role of forging documents,

B. Determination on the assertion of unfair sentencing

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