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(영문) 서울중앙지방법원 2020.06.04 2019노3525
사기등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the guilty part of the judgment of the court below in the case No. 2016 order8529), the Defendant did not invite a criminal act of forging the certificate of deposit worth KRW 5.5 billion between Nman in May 2010, and did not forge the above certificate of deposit.

around May 2010, the Defendant issued AA and AB a certificate of KRW 1 billion and a certificate of KRW 500 million as security, but at that time, the Defendant did not know that the above certificate of deposit was forged. Therefore, the Defendant did not have any intention to exercise a forged certificate of deposit.

B) The Defendant did not forge the certificate of deposit worth KRW 5 billion in total in June 2010, nor did the Defendant deliver a forged certificate of deposit to AB and AG for the replacement of securities on June 17, 2010 and used it respectively. 2) The sentencing of the lower court of unfair sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty part of the judgment of the court below) found the Defendant guilty of forging one billion won deposit certificate (S and T 2) in collusion with N, but the Defendant conspired with N to deliver two copies of each forged deposit certificate as if they were actually issued on May 20, 2010 and on May 24, 2010 and each N on May 24, 201.

However, according to the fact that the defendant forged the N and the above certificate of deposit, and according to the N's statement, some of the funds received by exercising forged securities together with the defendant appears to be used by the defendant, the above crime of exercising forged securities shall be sufficiently recognized.

Nevertheless, the judgment of the court below that judged otherwise.

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