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(영문) 대구지방법원 2020.04.24 2019노3563
사기미수등
Text

Each part of the judgment of the court below against Defendant C and D shall be reversed.

Defendant

C and D shall be punished by imprisonment for four months.

Reasons

1. Determination as to the prosecutor’s appeal on Defendant C and D’s attempted fraud, fabrication of private documents, and uttering of private documents

A. On October 2, 2018, Defendant C and D conspired with Defendant A on the summary of the facts charged. On October 22, 2018, Defendant C and D prepared a false certificate of employment and a statement of salary, etc. in collusion with Defendant A that Defendant A had worked as an employee in the Seo-gu, Daegu-gu, Seo-gu, Daegu-gu, Seoul-gu, by using a computer. On October 22, 2018, Defendant A submitted a false statement of employment and a statement of salary, etc. that Defendant A had employed as an employee in the K of the K of the K of Daegu-gu, Daegu-gu, Daegu-gu, and submitted a false statement of employment and payment to the K of the above company’s representative director at his discretion, affixed the seal of the above company’s representative director at his discretion, and forged the certificate of employment in the name of P representative Director at his/her own (private document forgery) and four statements of payment in the T Association around the Daegu-gu, Daegu-gu around 24, 2018.

(Fraud by Fraud). (b)

In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the lower court, the evidence alone submitted by the prosecutor alone cannot be deemed as having proved the facts charged to the extent that there is no reasonable doubt, and the lower court acquitted the Defendant on the ground that there is no other evidence to acknowledge it.

① Defendant A, in collusion with Defendant C and D, led to each of the above crimes, but he was in fact in K prior to the instant loan.

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